Two Common Defenses to Deportation

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Eduardo Paredes

ATTORNEY EDUARDO PAREDES is an experienced criminal law and immigration law attorney. Given his experience in both of these arenas of the law, Attorney Eduardo Paredes readily able to defend a variety of clients who not only face the criminal consequences of a criminal charge, in addition, to protecting the client against the adverse immigration consequences that arise after an arrest. As such, Attorney Eduardo Paredes represents clients in felony and misdemeanor in criminal law cases, and also defends the accused from deportation in U.S. Immigration Court.

If an immigration judge determines that you are not in the United States legally or no longer have a right to your permanent resident status, this does not automatically mean that you will be deported. An attorney working on your behalf can seek a variety of relief from removal. Your deportation defense case must take into account the severe immigration consequences of an accused’s criminal history. As such, a person in deportation proceedings with a criminal history, is better suited to have an attorney who has experience in criminal and immigration law. Doing so allows your defense strategy take into account all aspect of your personal history.

A common defense includes waivers and perhaps the relief of cancellations of removal.

If such relief is sought, and is granted in the course of deportation proceedings, a waiver has the effect of cancelling a deportation and allowing you to remain in the U.S. legally. There are a number of factors that must be met for a waiver to be granted. This includes showing that the person qualifies for the relief. There must also be a showing of hardship to certain qualifying relatives.

A cancellation of removal is only available as a defense if you are charged with certain grounds for removal. If granted, cancellation effectively pardons you from deportation and restores your status as a permanent resident. If you are not a permanent resident, it may even lead to getting your green card in Immigration Court.

Before granting such a cancellation, an immigration judge will weigh positives, such as community service, family relations in the United States, years of residency, and good conduct, versus negatives, such as criminal records and immigration violations. If the good considerably outweighs the bad, your deportation will be cancelled.


Trump’s Tough Immigration Policy

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Department of Homeland Security

An attorney based in Los Angeles, California, Eduardo Paredes is the host of a Spanish-language radio show focused on discussing immigrant rights and legal protections. When not advising his listeners on immigration matters in the wake of Pres. Donald Trump’s new immigration laws, Eduardo Paredes represents clients in immigration cases and criminal cases. In fact, even prior to The Donald’s administration taking over, Attorney Eduardo Paredes represented immigrant clients from the time of their arrest in the criminal court. Given that a criminal offense can trigger deportation proceedings, Attorney Eduardo Paredes has successfully defended immigrants in U.S. Immigration Court where he has fought to secure the release of aliens who the Department of Homeland Security targeted for removal (deportation). Attorney Eduardo Paredes is part of a handful of attorneys in the country who know criminal and immigration law defense which has been instrumental to guide people in the current climate that focuses on prosecuting immigrants in criminal and immigration court.

In February 2017, President Trump authorized his administration to take into full effect his strict immigration laws. The president authorized the arrest and quick deportation of immigrants without documentation regardless of their criminal records–a sharp break away from his campaign promise to only deport those with serious criminal convictions.

That same month, the Department of Homeland Security revealed the new administration’s plans to strip immigrants without documentation of their privacy rights, to publicize their crimes, and ultimately expedite their deportation. In addition, President Trump authorized the enlisting of police officers as enforcers of immigration laws and promised to build new detention facilities.

Defending the president’s move, White House press secretary Sean Spicer said the new rules were meant to empower immigration officers to deal with people who were a threat to the country. However, immigration reports indicate enforcers are targeting immigrants without documentation, many of whom have lived and worked in the country for years, regardless of whether they have committed crimes or not.

Many attorneys and advocates for immigrants are challenging these new rules in court. They argue that authorizing police to detain immigrants will lead to racial targeting. In fact, courts in Oregon, Illinois, and Pennsylvania have already rejected some of the laws.

However, for an individual who faces criminal prosecution and ultimately removal from the United States, the broad nationwide movement of activists does not solve their problem. That is why many immigrants seek the legal services of Attorney Eduardo Paredes who can advise them in their criminal case as well as in their immigration case in order to ensure the best criminal and immigration defense possible.

Law Office of Eduardo Paredes
(310) 855-9444 (Los Angeles)
(559) 225-9999 (Fresno)

These Crimes Can Get Legal Immigrants Deported

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Eduardo Paredes

Based in Los Angeles, California, Eduardo Paredes is a criminal lawyer who represents clients in both criminal misdemeanor and felony cases. Through his solo practice, Eduardo Paredes also represents clients on immigration matters.

Individuals who have legal US immigrant status are often placed under deportation proceedings because they were convicted of a crime that that renders the immigrant removable (deportable) or inadmissible to the United States. Some examples include crimes of moral turpitude and crimes that are aggravated felonies.

Aggravated felonies under immigration laws may be different from those under state criminal law as the term aggravated felony is defined by the federal statutes, such as the United States Code. Aggravated felonies include, but are not limited to, offenses such as murder or similar crime of violence, money laundering exceeding $10,000, trafficking firearms or explosives, child pornography, sexual abuse of a minor, fraud, tax evasion, espionage, and/or a combination of these and other offenses that the United States Congress has deemed to be crimes that pose a significant threat to national security. A person convicted of an aggravated felony is subject to deportation unless it can be shown that he or she will be tortured in his or her native country.

Crimes of moral turpitude are not defined under US immigration laws. However, the courts have defined them to include crimes that involve larceny, fraud, or intent to harm a person or thing. These crimes include murder, voluntary manslaughter, theft, spousal abuse, rape, and aggravated driving under the influence. Immigrants are subject to deportation proceedings if they committed such crimes of moral turpitude at any time. However, an immigrant’s ability to obtain a waiver from deportation depends on their length of residency in the United States, family ties, and a variety of other factors that the law requires be considered in determining whether an alien may seek a waiver from deportation. Seeking a waiver from deportation means to have an Immigration Judge issue an order stopping your deportation and allowing you to remain in the United States.

The United States Supreme Court has held that an alien has a constitutional right to be advised of the immigration consequences of a guilty plea in criminal court. Attorney Eduardo Paredes is experienced in representing clients in criminal law and immigration law courts. Such unparalleled experience unleashed from the criminal case stage can prove critical to find ways of escaping the deportation dragnet.

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Proposition 47 in California

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Proposition 47 in California

An attorney with nearly 15 years of experience in California, Eduardo Paredes helps clients who face deportation and criminal charges. Eduardo Paredes keeps his clients informed of changes to immigration and criminal law, such as Proposition 47 in California.

Passed by California voters in 2014, Proposition 47 reduces some drug felony charges to misdemeanors. The proposition also dictates that petty theft, use of bad or forged checks, and receipt of stolen goods should be sentenced as misdemeanors, provided that the amount in question is $950 or less.

Although those serving sentences for these crimes cannot automatically leave prison, they can appeal to have their sentences reduced according to the new proposition. Further, those who have completed their sentence can petition the court to have their felony conviction reduced to a misdemeanor. However, certain crimes, such as child molestation, rape, and attempted murder, disqualify inmates for resentencing.

Those who wish to petition the court for resentencing must do so by November 4, 2017, which marks three years following the passing of Proposition 47.

Attorney Eduardo Paredes handles all phases of criminal and immigration law cases.