Recent Success Cases

A Review of our Recent Success Cases

jose alfredo hernandez law recent cases

Criminal

  • Client arrested after an undercover sting at a massage parlor where undercover officer took the stand and testified as to client's actions performed on him; found not guilty by a jury.
  • District Attorney's Office dismissed felony charges on an individual suspected or robbery and assault with a deadly weapon; petition for a finding of factual innocence pending with the Court.
  • Client charged with felony Domestic Violence, plead to disturbing the peace.
  • Client facing felony DUI charges with an offer on the table for 2 years when I took over the case. Client plead guilty to misdemeanor DUI receiving credit time served-45 days.
  • Client charged with possession of meth. Received a "pre-trial diverson", case dismissed.

Immigration Removal

  • Individual was ordered deported in 1996, retained our office in 2010 after ICE was attempting to execute the prior order. Motion to Reopen was granted and an application for suspension of deportation was approved by the court despite the client having prior gang affiliation and admitting to prior drug use during testimony; Government waived appeal.
  • Individual granted Withholding of Removal based on sexual abuse he suffered as a child in Mexico. Client removed in absentia in 2007, after his prior counsel failed to appear for his immigration hearing in Los Angeles, California. Motion to Reopen based on Ineffective Assistance of Counsel with the Los Angeles Immigration Court which was granted. The client received a new immigration hearing date for his case. He is also currently eligible for Employment Authorization. Along with the Motion to Reopen filed with the immigration court, we had to file a complaint against prior counsel with the California State Bar, as part of the Lozada requirements that needed to be satisfied. The State Bar is currently investigating the matter, but it is almost certain that the Client will be refunded the $2,000 that he paid prior counsel.
  • Client previously ordered removed. Motion for a Stay of Removal granted and motion to re-open subsequently granted. Client had numerous criminal convictions including 3 DUIs VC 23152(a) and (b), a Theft (PC 484(a)-488), 2 Driving with a Suspended License (VC 14601.2(a)), a Hit and Run (VC 20002(a)) and Public Intoxication (PC 647(f); client had been sentenced to over 4 ½ years for all of his crimes. We argued successfully that he was not subject to mandatory detention and was granted a $4,000 bond.
  • Client was deported twice. In 1997, Client was charged and convicted of violating California Health and Safety Code Section 11350(a). In 2012, the Service denied Client's application for adjustment of status on the basis that he had suffered a conviction for possession of a controlled substance. We submitted a Motion to Reconsider based on Service Error. That motion was granted. We were able to demonstrate that a Penal Code § 1203.4 dismissal on his Section 11350(a) charge of a controlled substance possession was granted. The Client is now awaiting an Adjustment of Status Interview date.

Family Based Petitions

  • Client was placed in removal proceedings in 2011 after his second DUI conviction. He had previously received 5 Voluntary Departures within the last 13 years and had been the victim of domestic violence. We submitted an I-360 Application for battered spouses under the Violence Against Women's Act (VAWA). The VAWA Application was approved and the Client is now applying for Adjustment of Status and for termination of his removal proceedings.
  • Client was arrested and charged with 4 misdemeanors: Possession of Marijuana (28.5gms or less), Possession of Purported Government issued ID, Forgery of public/corporate seals and public intoxication. Three of the four misdemeanor convictions were dismissed and client plead guilty to Public Intoxication. He was able to continue with his Adjustment of Status process in which the Client was 245(i) protected and had married his US Citizen girlfriend. We obtained for him his Conditional Residency through the Adjustment process. Subsequently, ten months after their marriage, the Client's wife divorced him and we filed an I-751 Petition to Remove Conditions of Residence. The Client obtained his Permanent Residency based on the hardship that he suffered.