Immigration Matters
WORK PERMITS FOR UNDOCUMENTED ALIENS WHO WERE BROUGHT TO US AS CHILDREN TO BE ISSUED AS OF AUGUST 15, 2012
Your Orange County defense attorneys at Wallin & Klarich gladly announce that as of today, Wednesday, August 15, 2012 President Obama's promise to help young undocumented persons who were brought to the US as children begins to come true. As of August 15, 2012 those persons who are in the US illegally, but were brought to the US when they were young can apply for a work permit. This program…
Read MoreAll Persons Accused of Crimes in California Need to Be Advised on the Record of Immigration Consequences of Guilty Plea
Anytime a Defendant in a California pleads guilty to a misdemeanor or a felony, that defendant must be advised "on the record" that the consequences of the guilty plea could result in deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Unfortunately, when some defendants agree to a plea bargain, their attorneys don't adequately warn them of these potentially…
Read MoreGang Crackdown in LA
As a result of Operation Community Shield, law enforcement has arrested 1,785 gang members and associates around the country between March and September of this year. Of those arrested, approximately 300 were from the Los Angeles area. Gangs that were targeted in Los Angeles County during the sweep included the Avenues, 18th Street, Barrio Evil 13 and Mara Salvatrucha gangs. Charges against these alleged members ranged from drug dealing, drug…
Read MoreDo Criminal Defense Attorneys Have to Advise Immigrants of the Consequences to Their Immigration Status Before They Plead Guilty to a Crime?
On Tuesday, October 13, 2009, the United States Supreme Court heard oral arguments in Padilla v. Kentucky in which the issue was whether criminal defense attorneys are required to advise their clients of the consequences to immigration status if he or she pleads guilty to a crime. If the court were to decide in favor of the defendant, then this would mean that every California criminal defense attorney would be…
Read MoreOverhaul of Federal Immigration Detention Facilities
On Tuesday, October 6, 2009, Federal Officials promised to do a comprehensive review of every contract and consider new agreements to reform the immigration detention system. Back in 2007, federal officials were to pay $51 million to expand the Mira Loma facility to house and additional 1,400 immigrants. This facility is currently the largest in the state and is run by the Los Angeles County Sheriff's Department. The reform is…
Read MoreCalifornia Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part II
A previous article began the discussion of how the California Supreme Court decided in March 2009 that immigrants facing deportation are no longer provided with the option of two common post conviction challenges. These include the legal procedures of a writ of habeas corpus and a write of error coram nobis, which provide post conviction relief if immigration consequences have been altered. Withdrawal of Plea In most states, immigrants have…
Read MoreCalifornia Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part I
The California Supreme Court ruled in March 2009 that immigrants who are facing deportation may no longer rely on two common post-conviction challenges: the legal procedures of a writ of habeas corpus or a writ of error coram nobis that provide post conviction relief if immigration consequences have been altered. The courts ruled in two separate cases, People v. Kim and People v. Villa, that these options would no longer…
Read MoreImmigration Officers Arresting Suspected Illegal Aliens in Los Angeles Immigration Courtrooms
A recent report in the Los Angeles Daily Journal indicates that in the last few months several suspected illegal immigrants were arrested inside downtown Los Angeles immigration courts while they waited for their court hearings to begin. One local Immigration attorney stated that these arrests are "shocking". One of the attorney's clients was arrested by Immigration Officers when he came to court to appear at his court hearing. Two other…
Read MoreINS Agents Arresting Suspected Illegal Aliens in Los Angeles Courtrooms
A recent report in the Los Angeles Daily Journal indicates that in the last few months several suspected illegal immigrants were arrested inside downtown Los Angeles immigration courts while they waited for their court hearings to begin. One local INS attorney stated that these arrests are "shocking. " One of this lawyer's clients was arrested by INS agents when he came to court to appear at his court hearing. Two…
Read MoreCalifornia Deportation for Drunk Driving (California Vehicle Code Sections 14601)
Deportation for Drunk Driving? You Need an Experienced Criminal Defense Attorney A new court decision may allow persons convicted of drunk driving in California to be deported. On March 4, 2009, the United States Appeals Court for the Ninth Circuit decided the case of Marmolejo-Campos v. Holder. In the decision, the court said that if you are an immigrant and you commit a crime of moral turpitude, you could be…
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