Working Hard for Our Clients
Penal Code section 1473.7 Motions to Vacate for long-time permanent resident in San Luis Obispo, CA.
Client has been a permanent resident for decades. He previously won cancellation of removal in the immigration court, but was placed back into removal proceedings for additional drug convictions that occurred 15 years ago. The client was told by the immigration judge that, even despite being clean for 15 years, he could not grant another waiver from deportation. If the client did not vacate his convictions, the judge had no choice but to deport him. We filed a motion to vacate explaining that a pre-arraignment video the client received in county jail and received incorrect information about the legal effect of a rehabilitation program constituted misinformation that prevented a knowing, voluntary, and intelligent plea. The DA did not oppose the motion and all three pleas to the drug convictions were withdrawn and the cases were dismissed. Now the immigration judge will terminate proceedings against the client and he will keep his green card. Additionally, the client is now eligible to become a citizen.
Penal Code section 1473.7 and Penal Code section 1203.43 Motions to Vacate granted in Indio, CA.
Client is an undocumented noncitizen who was approved for a family-based hardship waiver called an I-601A Stateside Waiver. Before he left for his consular interview in Cuidad Juarez, Mexico, he was informed that his decades old drug conviction and taking a car without the owner’s consent convictions would prevent him from getting his green card at the consulate- and there were no additional waivers for those convictions. We filed a motion to vacate arguing that he received incorrect information about the legal effect of a rehabilitation program and it constituted misinformation that prevented a knowing, voluntary, and intelligent plea. Additionally, he was not informed that a 365-day sentence for taking the car would result in permanent deportation as an aggravated felon. However, had he known that if he would have received a sentence of just one day less, he would have avoided the aggravated felony bar. The People opposed but motion, but the judge was moved by the legal arguments and the client’s work ethic as a laborer in Washington State. The Judge granted both motions. The client is no longer deportable and is legally eligible to receive the green card at his consular interview.
Motion to Terminate Probation Early and Expungement granted in Fullerton, CA.
My client was a DACA recipient and arrested on a DUI charge. After being convicted of a DUI he lost his eligibility to renew DACA. Today the judge heard our motion to terminate probation early and granted the motion. The judge was so impressed with my client’s progress that he came down off the bench to shake my client’s hand and wish him luck. The judge also granted an expungement, now making my client eligible for DACA again.
Asylum grant at the Asylum Office, Anaheim, CA.
Always nice to see former clients! The client wanted to stop by to thank me for not giving up on his and his wife’s case. They were first defrauded by a notario and then left hanging by another immigration office. When we got his case no one screened to see if he had a fear of returning to his home country. After interviewing the client, we learned that he had a great asylum claim which we presented to the asylum office and won! The client and his wife are now permanent residents and 4 years away from becoming citizens! *** The client and his wife gifted me Costco-sized bottle of wine for our Christmas party, it was a big hit!
Penal Code section 1473.7 Motion to Vacate for long-time permanent resident in Torrance, CA.
The client’s 30-year-old conviction was overturned today! The client is a citizen and national of Cuba, who was told by previous attorney that he could not be deported because immigration laws do not apply to Cubans. Without knowing the plea would lead to automatic deportation, the client relied on previous counsel’s advice and plead guilty. Since that incident, the client acquired numerous medical licenses and is an instructor at a college. Nearly 20 years after the plea, he was stripped of his immigration status due to this conviction. With today’s decision, the client is on his way to getting his green card back.
The moral of the story is that the criminal effects of a crime apply to all noncitizens equally and following any advice to the contrary will put a foreign national in grave danger.
INA 212(h) Readjustment granted in the Los Angeles, CA Immigration Court.
A waiver of deportation was granted for my elderly client. The client faced a large uphill battle in getting the waiver, but thanks to developing a close relationship with the family we were able to uncover and explain the tremendous hardship the family would face if my client was deported. The judge commented that this waiver would not have been granted if it was presented any differently. Now my client will be able to live out his final years in the US with his wife, 8 children, and 17 grandchildren.
Motion to Terminate granted in San Diego, CA Immigration Court
Permanent resident client was accused of alien smuggling when she presented herself for inspection at a port of entry. She was referred to immigration court. When ICE revealed the evidence against my client we filed a motion to dismiss the case against the client. After receiving our motion, the government on it’s own motion, requested termination of the case. The immigration judge soon thereafter terminated proceedings and the client’s green card status is restored!
Federal Motion to Vacate granted in the Southern District of California.
Client had been convicted of a crime that made her deportable with no hope to stay in the country. She filed a motion to withdraw her plea because she was not warned by her attorney that she would get deported. Initially, the federal judge denied the motion. The Ninth Circuit affirmed the denial. I took the case over in 2017 and presented different arguments. Today, the US Attorney agreed to allow the client to withdraw the plea and the judge accepted. The client’s life has changed forever, and deservedly so because she had the guts to stick it out despite the fact that her cases continually got denied. And also, kudos to the judge who was open-minded to taking a second look at the case.
San Luis Obispo client wins his green card back.
The client has been a permanent resident for over 30 years but had a couple of convictions. He was previously granted relief in immigration court and after getting returned to immigration court his only option was to have his convictions vacated. We filed a motion to vacate two convictions under Penal Code section 1473.7. After reading the motion and all of the improvements the client made to his life, the government agreed to granting the motion to vacate and agreed to dismiss all charges. The client can now terminate removal proceedings against him and can apply for citizenship.
Success on a previously denied case.
In 2012, the client pled to a drug sales case and, with the help of the local public defender office, immediately filed a Post-Conviction Motion where he alleged ineffective assistance of counsel. The Superior Court denied the motion. The client appealed and lost before the Appellate Court. As a last-ditch effort to avoid deportation, he hired us to file a 1473.7 Motion. At the first hearing before a new judge, I explained why (1) the new case was not barred by the Appellate Court’s denial and (2) how, under presentation of the facts, relief was necessary.
The DA opposed the Motion initially. At the second hearing, the judge strongly hinted that the DA should reconsider our offer to plead to a non-deportable offense. Eventually, the DA agreed and the Motion to Vacate was granted without opposition. Now my client is eligible for citizenship!
Clients were able to gain their green card after presenting themselves for permission to apply for asylum.
Many people do not know that when a noncitizen presents him/herself (even if s/he has no visa) at a port of entry and receives permission to enter the country becomes eligible for adjustment of status through a US Citizen Spouse. Due to this little-known rule, my clients are now green card holders!
My client has a pending immigration case that was held up because of a conviction.
When I took the case over 2018, he had only a few days to undo his “voluntary departure” and try to vacate the conviction. I was able to undo the voluntary departure and reopen his case. But the judge initially denied his post-conviction motion. We took the case on appeal in 2019 and in 2020 we won the appeal! The case was remanded to the same judge and with the help of a different DA, we were able to resolve his case so my client no longer faces immigration consequences!
My client’s long journey finally ended with his residency!
He entered the US as a minor and was forced to register under a Middle Eastern registry after 9/11. He then got placed into removal proceedings where he was ordered removed, but the physical removal was deferred. Years later, he married a US Citizen and he could not get his green card because of the old removal order. We were able to convince the court to reopen the case and finally, he was granted his green card!
The client has lived in the US for over 40 years and had a 22-year-old misdemeanor conviction that made her deportation mandatory.
Earlier this year, she was apprehended by ICE and detained. She was ordered deported by the immigration judge and her only hope of staying in the country was to vacate the conviction. Not only did we vacate the conviction, but also all charges were dismissed. Now on to terminating immigration proceedings and then citizenship!