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Immigration Issues Related to Criminal Prosecutions

Immigration

Immigration Issues - Avoid Deportation
CRIMINAL CONVICTIONS CAN BE ELIMINATED: DON'T LET THE INS DEPORT YOUR CLIENT WITHOUT A FIGHT...
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  • More than 50,000 aliens were removed from the United States during the past year because of one or more criminal convictions, and the number of aliens facing removal is still growing.
  • In most instances, the only way to avoid removal based upon criminal conviction is to vacate the conviction. Expungement is effective in only limited situations. [see article on Prejudice]
  • Alan Fenster, a former prosecutor for the Los Angeles County District Attorney's office, has practiced criminal law in both Federal and State courts throughout the United States for the past thirty years. 
  • Mr. Fenster specializes in the presentation of habeas corpus-type motions designed to vacate convictions for non-U.S. citizens facing removal from the country. Click Here for copies of several recent victorious motions.
  • Mr. Fenster works with the preeminent immigration lawyer in Los Angeles, Mr. Houman Varzandeh, to insure that motions to vacate guilty pleas accurately incorporate applicable immigration statutes.  If you require an expert immigration lawyer, please contact Mr. Varzandeh at 213-381-1380.  [see Mr. Varzandeh's website]
  • Mr. Fenster has successfully vacated numerous convictions for non-citizens facing deportation:

    • Non-citizen client, about to graduate college with a 4.0 GPA, was facing deportation because of a possession for sale of cocaine conviction.  Conviction vacated, client is saved.  [see attached order]
    • Non-citizen convicted of child annoying/molesting, a registerable sex offense, in 1992.  INS picked him up in 2009 and placed him in deportation proceedings.  Motion to vacate was granted, and client, who has a brand new baby, is now released from custody and applying for citizenship. [see attached minute order]
    • Non-citizen convicted of Assault with Intent to Commit Great Bodily Injury in 1993.  Green card expired, Client in U.S. illegally.  Motion to Vacate Conviction granted.  Client is now applying for citizenship.  [minute order attached]
    • Non-citizen pled guilty to insurance fraud involving $31,000 in 1995. INS found out about conviction, and started deportation proceedings. Guilty plea vacated, and client is now applying for citizenship. [see copy of minute order]
    • Non-citizen pled guilty in two different cases to possession of a controlled substance, not marijuana, which required his deportation from the United States. Both convictions have now been vacated, and the client can become a U.S. citizen.[see copies of minute orders]
    • Non-citizen pled guilty to Assault with Intent to Commit Great Bodily Injury and Battery with Great Bodily Injury, both aggravated felonies. Although later reduced to misdemeanors and expunged, the convictions still prevented the client from becoming a U.S. citizen. Mr. Fenster was able to vacate both convictions and client is now free to become a citizen. [see copy of minute order]
    • Non-citizen convicted of grand theft in 2003.  Signed a plea agreement which advised  him that a conviction would result in deportation.  Because the judge did not specifically advise the defendant of immigration consequences, the conviction was vacated [see copy of minute order] [see article which discusses a recent California case addressing this issue]
    • Non-citizen client convicted of Assault with a Deadly Weapon in 1982. Married with two children and living a quiet, law-abiding life, INS discovered the conviction and sought to deport him as an Aggravated Felon. Mr. Fenster successfully vacated the conviction, and INS is now history. [see copy of minute order]
    • Filipino immigrant, married with three American children, facing deportation because of conviction for assault with intent to commit great bodily injury. Conviction vacated, client is now able to stay in the US. for the rest of his life.
      [see copy of minute order]
    • Represented a client facing deportation based on 3 separate criminal convictions. All 3 convictions were vacated - eliminating client's deportation problems. Click here.

Contact criminal attorney Alan Fenster immediately if you are facing deportation due to a criminal conviction. [see article on Prejudice]
 

Alan Fenster represents clients throughout California including: Los Angeles, Beverly Hills, Santa Monica, Culver City, South Bay, San Fernando Valley, Glendale, Pasadena, and Ventura and Orange counties and anywhere else in California where needed.

Mr. Fenster gets results: his diligence, winning attitude, and constant search for that legal needle in a haystack mean free clients, many of whom would be behind bars without his help. Most importantly, although his formidable legal strength is apparent to anyone in the court, his clients see beneath the courtroom show, to an incredibly driven, hardworking man, who puts in the long hours and does whatever it takes, not just to get the job done, but to do the right thing for those he defends.

Click here for more information about Criminal Defense.

The Law Offices of Alan Fenster

9777 Wilshire Blvd.
Suite 900
Beverly Hills, CA 90212
Phone: (310) 273-3661 Fax: (310) 273-1931
If you need to go to trial we are experts at winning cases. If you need to plead guilty, we will get you the best deal.
(310) 273-3661 LexisNexis Martindale-Hubbell Peer Review Rated For Ethical Standards and Legal Ability
Latest Victory

Client charged with Sale and Possession for Sale of Marijuana. Police officer testified that he observed a marijuana transaction on the sidewalk outside Client's home. The judge did not believe the officer and a Motion to Suppress Evidence was granted. All charges dismissed. [see Winning a Motion to Suppress Evidence]

Client was charged with sale and possession for sale of 5 pounds of methamphetamine, thus facing a potential 19 years in prison because of the weight enhancement. Case was resolved with probation and one year in the county jail
[see copy minute order].

Client, a medical doctor, was charged with bribery of a police officer. The charge was dismissed after five days of community service. Doctor kept his medical license.
[see copy of minute order]

Defendant, a successful businessman and a non-citizen, arrested with four ounces of cocaine in the center console of his car, along with a scale. If convicted of possession for sale of cocaine he would be deported, plus the prosecutor wanted two years in state prison. After over a year of negotiations, prosecutor agreed to let defendant plead guilty to transportation of cocaine, which avoids deportation, plus spend a few nights in a private jail.

Non-citizen client convicted of Assault with a Deadly Weapon in 1982. Married with two children and living a quiet, law-abiding life, INS discovered the conviction and sought to deport him as an Aggravated Felon. Mr. Fenster successfully vacated the conviction, and INS is now history.
[see copy of minute order]

Defendant charged with felon in possession of a gun. Probation had terminated on the prior felony in 2006. After defendant's arrest on the gun charge, Mr. Fenster went to the judge on the prior felony and had the felony reduced to a misdemeanor, effective 2006. The district attorney on the new charge was very upset, but who cares...since the prior felony was now reduced to a misdemeanor effective before the new case, the new case was dismissed.
[see copy of minute order]

Filipino immigrant, married with three American children, facing deportation because of conviction for assault with intent to commit great bodily injury. Conviction vacated, client is now able to stay in the US. for the rest of his life.
[see copy of minute order]

Successfully vacated three felony convictions for Iranian businessman, thus helping him avoid deportation.
[copy of minute order]