Category Archives: Blog

What Are My Rights If ICE Comes to My Door?

Time are volatile for undocumented immigrants in this country. Controversy and politics have spurred on a series of raids that has seen Immigration and Customs Enforcement (ICE) agents entering homes to remove and deport people from the country. However, these agents cannot act with impunity. There are still regulations that govern what they can do, and having an understanding of your rights can be the best way to prevent deportation. What Rights Do I Have If ICE Comes to My Door? The American Civil Liberties Union (ACLU) has jumped into action in an effort to protect immigrant rights. The organization…

When a Person Is Injured, Can Los Angles Be Held Responsible?

Three years ago, a man was riding his bike down Reseda Boulevard when he encountered an unexpected obstacle. A tree root had lifted a section of pavement four inches, and when this cyclist’s front tire hit that bump, he was thrown from his bike. His resulting injuries left him in a wheelchair, and circumstances might mean Los Angeles can be held responsible for his crash. How Can Los Angeles Be Held Responsible for a Bike Accident? The man who crashed sustained injuries that left him unable to move his arms or legs, despite wearing a helmet. Worse yet, the bump…

Have You Been Arrested for a Felony DUI in California?

A DUI conviction in California can negatively impact your life in a number of ways. However, this is especially true for a felony DUI conviction. You can be charged with a felony DUI in California under the following circumstances: You were driving under the influence and injured or killed one or more people. This also includes passengers in your vehicle. You have a previous felony DUI conviction in California. You have been convicted of four DUIs within the last ten years. The criminal consequences of a felony DUI can vary depending on the circumstances. Generally, you will face a period…

Do Dreamers Have a Hope for the Future?

A few weeks ago, Democratic leaders met with President Trump to discuss immigration. The impression left by Democrats was that the two sides had come to an understanding, especially when it came to Dreamers and the continuation of DACA. However, the President announced that no such deal had been struck. This has thrown immigrants all over the country on edge as their fate becomes the center of the latest fight in Washington. What Does the Future Hold for Dreamers? Since that fateful meeting, the President has released a series of demands regarding immigration. Before he will support protections for dreamers,…

Do I Have to Blow in a Breathalyzer if I Am Arrested for DUI/DWI?

It’s Friday night, you’re off work and you decide to stop by the bar and catch up with some friends. You talk about your job, the kids, old times and before you know it, you’ve had a few drinks. It gets dark, you bid your friend’s farewell and you decide you’re fine to drive. Then you hear the siren and see the lights in your rearview. Busted. But wait – is there anything you can do in the moment to protect yourself from serious criminal charges and penalties? California’s Implied Consent Law Under the “implied consent” law, California drivers are…

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.