Criminal Defense
Immigration Consequences of a Convicted Crime in California
What Happens If I Plead Guilty To A Crime And I'm An Immigrant? Can My Status Be Revoked? Do I Need A Criminal Defense Attorney? If you have been charged with a serious crime in San Bernardino, or in any other county in California, and are thinking of pleading guilty or no contest, there is some important information you should consider, especially if you're an immigrant to this country. For…
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California Deportation for Drunk Driving On a Suspended License
Drunk Driving On A Suspended License Is a Deportable Crime Requiring the Assistance of a Criminal Defense Attorney A recent ruling by the United States Appeals Court for the 9th District underscores the necessity of hiring an aggressive and skilled California criminal defense attorney. Circuit Judge O'Scannlain, writing the opinion for the six member majority, found drunk driving "offenses committed with the knowledge that one's driver's license has been suspended…
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Immigrant’s Options when Facing Deportation Narrowed
The California Supreme Court ruled this month that immigrants who are facing deportation may no longer rely on two common post-conviction challenges. The court ruled in two separate cases that a writ of habeas corpus, or writ of error coram nobis, would no longer be available to a defendant once they had served a sentence and were no longer on parole or probation. The court's ruling means that once the…
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STATE PARDON DOES NOT ENTITLE INADMISSABLE ALIEN CONVICTED OF CRIME RELATED TO CONTROLLED SUBSTANCE TO WAIVER OF DEPORTABILITY
A recent 9th Circuit Court of Appeal decision held that a state pardon does not remove all legal consequences of a conviction. This case involves an illegal alien who had a long history of illegal presence in the United States. On February 4, 1993 he pled guilty to unlawful possession of cocaine. On April 30, 2001, he filed an application for adjustment of status to permanent resident due to his…
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Immigration Law and Vacating a Plea
People v. Akhile For those considering filing a motion to vacate a plea based on Penal Code Section 1016.5, familiarity with this case is a must. In the above case, Appellant is a Native of Nigeria who entered the United States on a Tourist Visa and never left. In February of 1992, Appellant plead guilty to grand Theft and Embezzlement. The Trial Court sentenced him to two years state prison.…
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Undocumented Gang Members Run Risk of Being Deported
"Go Back to Your Country!" This is what several Los Angeles gang members could be hearing soon if some local politicians have their way. Dennis Zine, a Los Angles City Councilman, proposed a policy last week that would require police officers from the LAPD to report gang members who are in the United States (US) "undocumented" (and/or illegally) to Immigration officials! As part of the policy, police officers would…
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IMMIGRATION CONSEQUENCES OF CRIMINAL CASES
(Your Criminal Case can lead to your deportation or denial of citizenship) It is critical that if you are not a United States citizen and are accused of a criminal offense in California must you immediately inform your criminal defense attorney of your immigration status. Your criminal defense attorney can then discuss with you your immigration status and then can have you work with immigration lawyers who can help determine…
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BEWARE IF YOU DON’T WANT TO BE DEPORTED -IMMIGRATION OFFICERS ARE ARRESTING ILLEGAL ALIENS IN MASS SWEEPS
The Bush administration in an apparent "show of strength" to appease the conservative Republican voters are implementing massive arrives of "suspected" illegal aliens. When the "suspected" illegal aliens are arrested they are held without bail for long periods of time. In recent weeks over 530 people were arrested during raids on people's homes. Over 800 additional arrests were made while persons were being held in local county jails for various…
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Wrongfully imprisoned? You may sue the state
The California Supreme Court has recently ruled that a man who had been wrongfully imprisoned for 25 days could sue the state for false imprisonment and negligence. The man was arrested for drunk driving but immigration and parole officials thought that they had another man who had previously been deported to Mexico several years earlier. Amazingly, officials not only recognized that the detained man was five inches taller than the…
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LAWSUITS CHALLENGE LAPD IMMIGRATION POLICY
A lawsuit was filed recently in LA Superior Court by residents of the City of Los Angeles seeking to stop the Los Angeles Police Department from enforcing its longstanding "Special Order 40." The lawsuit alleges that Special Order 40, as well as the practices of the LAPD relating to that Order, run contrary to the mandates of California Health & Safety Code § 11369. Special Order 40 was first enacted…
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