Almanza-Arenas v. Lynch – Ninth Circuit Holds that Joyriding (CA VC 10851(a)) is not a CIMT
On December 28, 2015, the Ninth Circuit decided Almanza-Arenas v . Lynch. The en banc court granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published precedential decision, Matter of Almanza-Arenas, 24 I. & N. Dec. 771 (BIA 2009), which held that a conviction for vehicle theft under California Vehicle Code § […]
Ramirez v. Lynch – 9th Circuit Holds Felony Child Abuse (CA PC 273a(a)) Not An Aggravated Felony
On January 20, 2016 the Ninth Circuit decided Ramirez v . Lynch. A 9th Circuit Panel granted Hector Giovanni Ramirez’s petition for review of the Board of Immigration Appeals’ decision that his conviction for felony child abuse under California Penal Code § 273a(a) constitutes a crime of violence under 18 U.S.C. § 16 and is therefore […]
Villavicencio-Rojas v. Lynch – 9th Circuit Holds 2 Expunged Drug Convictions Don’t Necessarily Bar First Offender Treatment
On February 2, 2016, the Ninth Circuit decided Villavicencio-Rojas v. Lynch, Docket 12-70620. A Ninth Circuit panel granted Jerry Villavicencio-Rojas’ petition for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s decision holding that Villavicencio’s two expunged drug possession convictions retained their immigration consequences and thus barred him from relief from removal. […]
Case Result: Restraining Order Granted
A client of mine’s request for a civil harassment restraining order against a nightmare neighbor was granted for 3 years, requiring him to stay 100 yards away from my client and his family. Back in December, the nightmare neighbor’s frivolous request for a restraining order against my client was denied.
Case Result: Misdemeanor Probation Terminated Early and Expungement Granted.
My client’s misdemeanor probation was terminated early. The court also expunged the underlying conviction pursuant to California Penal Section 1203.4. In the event he applies for a job, in the private sector, that asks whether he’s been convicted of this crime, he can say no. In addition, he is a lawful permanent resident who can apply […]