Know Your Rights – Asylum Seekers

Know Your Rights for Asylum Seekers in Immigration Court Know Your Rights When it Comes to your Immigration Court Case There is this requirement that if you are seeking asylum, you must file your application within 1 year of your last entry into the United States. Of course there are some exceptions; but the usual “I didn’t know” reason may not be enough to satisfy the exception. It is important that you get informed. Here is a PDF prepared by AILA (American Immigration Lawyers Association) KnowYourRights with important information for Asylum seekers. If you would like more information about asylum, give...

Three tips to remember for your Child Custody Mediation appointment

If you are involved in a divorce and neither party can come up with a custody and visitation plan, they often file a Request for Order with the court to see the judge. They hope a judge will decide what’s best parenting plan for their children or in some cases hope the judge decides on their side. If you are hoping for any of these results, you are in need of a rude awakening. You have to understand taht the California Family Code states that custody and visitation plans are made with the goal of achieving “the best interest of the children”...

Get your Driver’s License back

Our client had 6 old traffic tickets that he had been trying to take care of on his own, one of which was a misdemeanor. His Driver’s License became suspended by the Department of Motor Vehicles, which made it difficult for him to get to work. He came to us and we took care of all of them. We received a fax from him with his Temporary Driver’s License. Congratulations to him! Let Burga Law Firm help you get your Driver’s License back. We’ll go to court and face the judge for you! Even if you have old tickets. The...

Great news for Immigrant Parents!

The Supreme Court has agreed to rule on President Obama’s executive action that would stop deportation to undocumented immigrants who have US born children. In addition, it will expand the DACA (Deferred Action for Childhood Arrivals) program from renewing every 2 years to every 3 years. This is great news for many immigrants as a new hope has been given after a Federal Judge declare this executive action unconstitutional. Click here to read the article from the Huffington Post

9th Circuit rules CPC 273a(a) – Not a categorical crime of violence aggravated felony

Court applied Almanza-Arenas and found that felony willful cruelty to a child under CPC 273a(a) is not categorically a crime of violence aggravated felony. The court concluded that section 273a(a) is not a divisible statute because the alternative mens rea requirements are not “elements.” Rather, they are alternative means for accomplishing a single indivisible crime. Under the categorical approach, section 273a(a) is broader than 18 U.S.C. 16, and therefore not a “crime of violence,” nor does it qualify on that basis as an aggravated felony.

Can the mother of my child get more visitation time because our son has a lot of homework to do?

Can missing homework cause me to lose child custody ? Can the mother of my child get more visitation time because our son has a lot of homework? You pick your child for your visitation time, you help him do his homework, you are feeling accomplished right? Then you get his progress report from school, and you learn about all the missing assignments that were no completed while at the other parent’s custodial time. What do you do? Run to court and ask for more visitation because the other parent is lazy with the homework? In California, before considering a modification of the...

Parent rage at the soccer field

It’s soccer season and that means goodbye weekends. This is the time when parties in custody dispute should do their best to work with one another to help their children attend their practices and games. As a volunteer coach and referee, we often see both parties (although sitting separate) watching their child’s game. I am glad to see parents doing their best in keeping things cordial and setting a great example for their children. However, this weekend, a father felt like it would be a great idea to express how he felt about his ex wife at his child’s soccer...