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New California Law Allows Post-Conviction Relief For Non-Citizens

06-30-2017


Penal code 1473.7
which went into effect on January 1, 2017 will afford non-citizens a mechanism
to fight conviction obtained against their rights.

 

The code allows
non-citizens to file motions alleging at least three distinct causes of action
that may be raised independently or together on the basis that: 1) defense
counsel violated the duty to investigate and accurately advise the defendant
about the specific immigration consequences of a plea; 2) defense counsel
failed to defend against immigration consequences of a plea by attempting to
plea bargain for an immigration-safe alternative disposition; and 3) the
defendant failed to meaningfully understand the immigration consequences of a
conviction.

 

This law will affect
hundreds of t...


Ninth Circuit In Favor Of NCAA's Policy Of Excluding Anyone With A Felony Conviction From Coaching At NCAA-Certified Youth Athletic Tournaments

06-29-2017


Plaintiff filed suit alleging that the NCAA's policy of excluding anyone
with a felony conviction from coaching at NCAA-certified youth athletic
tournaments violates Title II of the Civil Rights Act of 1964, 42 U.S.C.
2000a(a). Section 2000a(a) prohibits racial discrimination in places of public
accommodation. The Ninth Circuit affirmed summary judgment for the NCAA and
held that even if disparate-impact claims were cognizable under Title II,
plaintiff has not shown that an equally effective, less discriminatory
alternative to the NCAA's felon-exclusion policy exists, as he must do under
the three-step analysis for disparate-impact claims set forth in Wards Cove
Packing Co. v. Atonio, 490 U.S. 642 (1989). The panel noted that it need not
decide whether to endorse or ...


The U.S. Supreme Court Rules For Immigrant In Case Over Bad Attorney Advice

06-23-2017


"The U.S. Supreme Court on Friday ruled for a green card holder who received faulty immigration advice from an attorney, determining he was able to show prejudice against him since it was reasonable to think he could have avoided deportation through plea negotiations or a trial."

In a 6-2 decision, the high court ruled for a green card holder named Jae Lee, a restaurant owner who has been in the U.S. for 35 years, but who faced the prospect of deportation after his attorney incorrectly told him his plea for a drug crime wouldn’t result in removal.

Lee, a lawful permanent resident from South Korea, came to the U.S. in 1982 when he was 13, and as an adult he went on to operate two restaurants near Memphis, Tennessee. But h...


Omid Rejali Named to the 2017 California Super Lawyers List

01-17-2017


We are pleased to announce that Omid Rejali, our managing attorney, has been selected to the 2017 California Super Lawyers Rising Star list. This is en exclusive list, recognizing no more that two and half percent of attorneys in the state. 


Super Lawyers, part of Thomson Reuters, is a
research-driven, peer influenced rating service of outstanding lawyers who have
attained a high degree of peer recognition and professional achievement.
Attorneys are selected from more than 70 practice areas and all firm sizes,
assuring a credible and relevant annual list.


 The annual selections are made using a patented multiphase
process that includes:


  • Peer nominations

  • Independent research by
    Super Lawyer...

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Can I Appeal the judgment or order in a civil case?

10-20-2016


We are all human and are bound to make mistakes, this includes trial courts. However, the decision on whether to appeal a decision of the court is not an easy task and the procedural elements associated with filing an appeal if not followed properly can have devastating effects, including dismissal of your appeal. Generally speaking you have 30 days to file a notice of appeal. Keep in mind this is a jurisdictional requirement, meaning if you don't timely file your notice you completely lose your chance of having the court of appeal consider your appeal.  

CCP 904.1 codifies the general list of appealable orders and judgments. Generally an appeal may be had from a final judgment  that terminates the trial court proceedings by completely ...


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