OUTCOME: Termination of Removal (Deportation) Case
In this removal (deportation) case, Mr. Eckdish first obtained post conviction relief in the criminal court having had client's criminal conviction vacated on constitutional grounds and then filed a mo...tion to terminate removal proceedings. The Immigration Judge granted the motion terminating client's case on the grounds that there no longer remained any legal grounds to deport (removal) client. Mr. Eckdish is now preparing to file for client's naturalization.
Immigration
Matter of AG
Feb 04, 2011
OUTCOME: Termination of Removal (Deportation) Proceeding
In this removal case, Mr. Eckdish filed a Motion to Terminate client's simple drug possession conviction that formed the basis for her removal in the NTA. The Immigration Judge granted our motion agree...ing with Mr. Eckdish that a simple single drug possession conviction that is dismissed @ to California Penal Code section 1203.4, can not be used to deport or remove a non-citizen.
Immigration
Matter of CBL
Nov 30, 2010
OUTCOME: Termination of Removal (Deportation) Proceeding
In this immigration removal case, the Immigration Judge granted our motion to terminate removal proceedings after an aggravated felony conviction was successfully modified in the California Superior Co...urt. The court then ruled that because respondent's remaining conviction was not a crime involving moral turpitude agreeing with Mr. Eckdish's arguments, the charge of removability could not be sustained and the removal proceeding must be terminated.
Immigration
Matter of Thomas C.
Apr 14, 2008
OUTCOME: Application for Relief Granted
In another recent and very difficult defense case in the San Francisco Immigration Court, the Immigration Judge (IJ) granted client’s application for cancellation of removal. Client is a Canadian cit...izen with a U.S. citizen spouse and two U.S. children. In this defense, Mr. Eckdish provided his legal services as both an immigration and criminal defense attorney. The client (respondent) had numerous criminal misdemeanor convictions involving moral turpitude, including several simple marijuana drug possessions, multiple petty thefts, a commercial burglary, and a domestic violence conviction. Attorney Eckdish obtained post conviction relief in the California Superior Courts for four (4) of the most serious offenses (the DV, burglary and two of the theft offenses.) These vacated and modified convictions could no longer be used as a basis for client’s deportation or removal. Mr. Eckdish then retained the services of a licensed forensic psychologist who provided a credible explanation for the client’s past criminal behavior. In addition, the client began counseling for a one year period prior to the removal (individual hearing). The IJ, after hearing all of the psychological testimonial evidence presented by Mr. Eckdish at the hearing, granted client’s application for cancellation of removal finding that the client’s criminal history was excused due to the extraordinary conditions that surrounded client at the time of the commission of these offenses approximately 10 years earlier. In granting relief to client allowing him to remain in the U.S. as a permanent resident, the IJ also found that there was substantial evidence presented by Mr. Eckdish at the hearing demonstrating extreme hardship to qualifying relatives should respondent have been deported and that client had been sufficiently rehabilitated so that it was unlikely he would re-offend.
Immigration
Matter of Angelina N.
Jan 16, 2008
OUTCOME: Motion to Terminate Granted
In a remarkable removal defense case recently decided involving a lawful permanent resident in the San Francisco Immigration Court, Mr. Eckdish was able to obtain post conviction relief by marshalling ...the resources of three (3) criminal defense lawyers in three (3) different states (New York, Illinois & Nevada) to obtain post conviction relief involving three different criminal convictions in each of those states. In working with each of the criminal defense attorneys in each state (who knew very little about immigration law), Mr. Eckdish was nevertheless, able to guide them using immigration and constitutional law principles to have each conviction vacated or modified so that they could no longer be used to deport his client in the San Francisco Immigration Court. As a result, Mr. Eckdish filed a Motion to Terminate the removal proceedings that was granted by the Immigration Judge in San Francisco.
Immigration
Matter of Lekha C.
Oct 04, 2007
OUTCOME: Application for Relief Granted
In a recent removal/deportation case involving asylum defense in San Francisco Immigration Court, Mr. Eckdish was able to obtain relief for a respondent/client from Cambodia who was convicted of two (2...) aggravated felony crimes for which he received three (3) years state prison sentences on each. Mr. Eckdish filed an asylum application for relief in Immigration Court based upon the Convention Against Torture (CAT), depicting the intolerable human rights violations inflicted by the state against deportees returning to Cambodia. Despite the seriousness of the client’s California criminal convictions, the Immigration Judge granted relief in this case and client was not removed. Client will be able to remain and work in the U.S. indefinitely as long as the government in Cambodia continues to engage in serious human rights violations.
Immigration
Matter of Miguel C.
Jun 27, 2007
OUTCOME: Application for Relief Granted
In a very difficult and recent Immigration Court Removal case involving an illegal alien from Mexico who had entered the U.S. without inspection, the Immigration Judge (IJ) found in client’s favor, g...ranting him adjustment of status in immigration court. This client had one sustained petition as a juvenile for felony possession of cocaine, four arrests as an adult for loitering for the purposes of selling drugs, and one simple possession felony conviction as an adult for possession of cocaine that was subsequently expunged.
Client married a U.S. Citizen, had a child, and was then ordered into Removal proceedings. Client’s only defense was under the very difficult standard of cancellation as a non-permanent resident only if client could demonstrate good moral character, 10 years of continuous residency in the U.S., and show that his qualifying U.S. citizen relatives would suffer exceptional and extremely unusual hardship if client were deported. Through the successful use of a Motion to Strike in the Immigration Court, Attorney Eckdish was able to convince the IJ to strike from the Notice to Appear “the reason to believe that respondent was a drug trafficker†allegation over the objections of the government attorney. Attorney then filed in support of client’s application for relief, a comprehensive rehabilitation packet. At client’s Individual Hearing, after hearing all of the testimony and considering all of the evidence attorney had presented, the IJ decided that client should remain in the U.S., notwithstanding that he had a drug history and had been in the U.S. illegally for over ten years. As a result of the strong defense mounted in client’s case, the IJ granted client’s application for adjustment of status and is now a lawful permanent resident.
Immigration
Matter of Tobias F.
May 16, 2007
OUTCOME: Adjustment of Status granted
In another recent case win, a German national seeking adjustment through his marriage to a U.S. Citizen had suffered a prior criminal conviction in Germany. Because some prior criminal convictions in f...oreign countries can trigger inadmissibility and prevent adjustment of status, Mr. Eckdish did a thorough review of the client’s criminal history and discovered that an exception applied making the client admissible after all. Mr. Eckdish prepared and attached a thorough evaluation and legal brief to client’s application for his adjustment. At the USCIS interview, the Immigration Officer reviewed the criminal history documents and legal analysis provided, met with his supervisor, and, agreeing with the legal analysis provided by Mr. eckdish, then approved client’s adjustment application on the spot, placing a temporary Form I-551 stamp in client’s passport. Client received his ‘green card’ in the mail three weeks later.
Immigration
Matter of Lynda H.
Oct 14, 2006
OUTCOME: Post Conviction Relief and Cancellation Granted
In another recent case defense that was very challenging, Attorney Eckdish won a cancellation of removal case in San Francisco Immigration Court for a lawful permanent resident client from New Zealand ...who had been residing in the U.S. since she was six years old. This client had several crimes of moral turpitude convictions, including several drug and drug related offenses. During her removal proceedings, client was arrested for drug sales. She was convicted of simple drug possession after Mr. Eckdish was retained to assist her criminal defense lawyer in the California Superior Court and negotiated a successful disposition. Mr. Eckdish then took over her removal defense case and successfully argued that client had never been rehabilitated from her drug addiction. Attorney Eckdish hired an expert licensed forensic, clinical psychologist to assist in her defense. The psychologist testified at client’s merit hearing that client had never had the benefit of being in any drug rehabilitation or counseling programs before. He testified that there was a substantial likelihood that she would change her ways and not use drugs again in the future. The Immigration Judge, after hearing all of the evidence, including testimony from the client, agreed that she should be given a last chance and granted her application for cancellation of removal. As of this date, client has been in continuing counseling and rehabilitation, has not re-offended, and is enjoying reunification with her children and family.
Immigration
Matter of Alvin T.
Sep 14, 2006
OUTCOME: Application for Relief Granted
In this case in the San Francisco Immigration Court, Stephen Eckdish represented a lawful permanent resident client from the Philippines ordered into removal proceedings based upon his convictions for ...aggravated felonies. Mr. Eckdish was able to modify client’s aggravated felony convictions in criminal court. Attorney was then able to file and the Immigration Judge granted his Cancellation of Removal application because client’s convictions were no longer aggravated felonies and client was otherwise eligible for discretionary relief. Client is now able to travel in and out of the U.S. as a lawful permanent resident and is no longer removable.
