Category Archive: Crimmigration

Apr 07

Did You Take An Immigration Safe Plea?

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            If you were in criminal court between March 31, 2010 and December 1, 2013, it is highly likely that your plea in criminal court is not safe from immigration consequences and you may have the right to challenge it.  This is because the burden to inform the defendant of …

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Permanent link to this article: http://blog.weismanlawyers.com/did-you-take-an-immigration-safe-plea/

Feb 12

Can an LPR erase their criminal history with the 212(h) waiver?

Green card

A 212(h) waiver can be a powerful tool used in your immigration case to help you stay or enter the United States.  After all, it can erase your crime involving moral turpitude (“CIMT”), multiple criminal convictions, prostitution and commercial vice offense, and simple possession of 30 grams or less of marijuana.  Oddly enough, this remedy …

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Permanent link to this article: http://blog.weismanlawyers.com/can-an-lpr-erase-their-criminal-history-with-the-212h-waiver/

Feb 11

Can an overturned conviction be used as evidence for Immigration Court?

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Let’s suppose you are in Mr. Chavez-Reyes’ shoes: Non-citizen/immigrant You are unlawfully stopped by police Charged with a federal crime, Pressured to plead to the crime to avoid a higher sentence that could be imposed at trial, and Find out from a new attorney that you were in fact unlawfully stopped; Appeal your conviction; You win …

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Permanent link to this article: http://blog.weismanlawyers.com/can-an-overturned-conviction-be-used-as-evidence-for-immigration-court/

Feb 11

Does the Trust Act Actually Protect the Detained?

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Yes, the new law is already protecting immigrants who are suspects of crimes.  I recently had the pleasure of seeing the act in action this past week with my own client.  We anticipated that the Sheriffs of San Mateo Maguire Jail would transfer my client to immigration custody since had an immigration hold.  This was …

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Permanent link to this article: http://blog.weismanlawyers.com/does-the-trust-act-actually-protect-the-detained/

Jan 22

Are You A Former Felon In Need of Immigration Relief?

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Depending on the type of felony and your record of conviction, you may be eligible for immigration relief.  In other words, just because you have one or more felonies on your record, you are not automatically barred from immigration relief. Meet Mr. Tapia-Cruz, a native and citizen of Mexico and a lawful permanent resident (“LPR”) of …

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Permanent link to this article: http://blog.weismanlawyers.com/are-you-a-former-felon-in-need-of-immigration-relief/

Dec 30

Are You A Non-Citizen Who Has Been Arrested?

ICE's Director, John Morton, who wrote the new policy.

If so, you may be interested to find out how you will be affected under the new policy just put into place by Immigration and Customs Enforcement (“ICE”) on December 21, 2012. YOU WILL NOT be transferred from local police custody to federal immigration custody if you do not have a prior felony or misdemeanor …

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Permanent link to this article: http://blog.weismanlawyers.com/are-you-an-immigrant-who-has-been-arrested/

Dec 24

Immigration Detainers Are Mere Requests, Not Commands

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State Attorney General Kamala Harris recently issued a groundbreaking opinion that will positively affect how California’s jails and prisons treat individuals who are suspected of being in violation of immigration law: What Does the Opinion Say That is Groundbreaking? Immigration detainers, also known as “ICE holds”, are not mandatory commands; thus, local law enforcement agencies …

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Permanent link to this article: http://blog.weismanlawyers.com/kamala-harriss-ground-breaking-advisory-opinion/