Successful cases are posted for informational purposes only and are not reflective of the outcome of your case. Each case is unique in its own way.
Case Details
Client was arrested and booked on felony charge of receiving stolen property. Subsequent to his release on bail, Client was contacted by the investigating law enforcement officer and was asked to make a statement. Client retained attorney Chelico for representation. Attorney Chelico represented Client with the investigating agency, demanded that charges be dismissed for insufficieny of evidence and declined an offer of a reduced charge in exchange for Client’s statement.
Case Results
At arraingment, no criminal charges were filed and client walked.
Case Details
Client’s application for adjustment of status was denied 5 years ago on the basis that his age was over 21 and he was no longer a derivative of his parent’s approved petition. Client contacted attorney Chelico for representation. Attorney Chelico reviewed the case and determined that pursuant to a recent memorandum by USCIS, Client was eligible to apply for a motion to reopen and request that the previous denial be set aside. Attorney Chelico filed the motion to reopen, requested that the filng fee be waived due to a service error, and requested that the case be reopened and that Client’s previous application for adjustment of status be approved.
Case Results
The motion to reopen was granted and Client received his lawful permanent resident status in less than 4 months.
Case Details
Client was stopped by ICE for an alleged traffic violation, was arrested and placed in removal proceedings. ICE alleged that Client was in the U.S. in violation of the law and that Client should be deported. Client retained attorney Chelico for representation. Attorney Chelico reviewed the case and determined that the traffic stop was unlawful and that pursuant to a federal case ICE has not authority to make a traffic stop. Attorney Chelico denied all allegations and filed a motion to suppress and terminate removal proceedings.
Case Results
After reviewing the motion to suppress, the judge indicated that Client has estbalished sufficient basis to suppress the evidence. The government agreed to close the case. Client was not deported.
Case Details
Client, who was a U.S. citizen living abroad, got married to a foreign-born national and wanted to move into the U.S. with spouse as soon as possible. Client retained Attorney Chelico for representation. Attorney Chelico reviewed current law and determined that because the U.S. citizen spouse was residing abroad for more than 6 months, the petition could be filed directly with the consular’s office and there was no need to file the petition with USCIS. This filing process was previously suspended but was recently reinstated. Attorney Chelico proceeded accordingly.
Case Results
Immigrant visa was approved and issued in less than 4 months from the original filing date.
Case Details
Client was denied a non-immigrant visa by a consular’s office on the basis of a conviction that the client had previously sustained while in the U.S. Client retained the Attorney Chelico for representation. Attorney Chelico reviewed the case information and determined that while the conviction in the case could have been charged either as a felony or a misdemeanor, client’s conviction was for a misdemeanor. Ninth Circuit precedent case law holds that when such is the case, the conviction is a misdemeanor for all purposes including immigration. Attorney Chelico filed a brief with the consular’s office pointing to supporting law and argued that the conviction fell under the petty offense exception for which no waiver is required.
Case Results
After the consular’s office conducted administrative review, the prior decision denying the non-immigrant visa was reversed and client was issued the visa.
Case Details
Client was charged with Misdemeanor reckless driving. Client retained Attorney Chelico for representation. Attorney Chelico negotiated a deal for a dismissal of the Misdemeanor charge in exchange for an infraction if client completes community service and complies with other minimal requirements.
Case Results
Misdemeanor case is dismissed and replaced with a traffic infraction after client completed requirements.
Case Details
Client was charged with Misdemeanor driving without a license. Client was unable to attend court proceeding and retained Attorney Chelico for representation. Attorney Chelico appeared on behalf of client and requested a reduction of the misdemeanor to an infraction.
Case Results
Misdemeanor charge was replaced with an infraction. Now client will not have a criminal conviction on record.
Case Details
Client was detained by ICE due to misunderstanding in client’s visa status which resulted in an expedited order of removal. All client wanted was to return to home country. ICE refused to release client until procedural steps are completed. Client retained Attorney Chelico for representation. After giving the government an opportunity to release client did not result in any action, attorney Chelico filed a Writ ofHabeas Corpus in Federal District Court requesting a court order for release of client from unlawful detention. The District Court issued an Order to Show Cause.
Case Results
Shortly after the Writ of Habeas Corpus was filed, client was released from custody and permitted to return home. Case was subsequently dismissed without prejudice upon client’s request.
Case Details
Client, who was representing himself, missed his court date due to a misunderstanding of the hearing notice and an in absentia order of removal was entered against client. ICE demanded that client surrender for removal. Client retained attorney Chelico for representation. Attorney Chelico reviewed the facts of the case and determined that client’s circumstances fell under the exceptional circumstances that makes client eligible to file a motion to reopen. Attorney Chelico filed a motion to reopen and served ICE removal unit and requested that client not be arrested until the court has made a decision on the motion. The government opposed the motion.
Case Results
The court granted the motion. The order of removal was set aside and the court reopened removal proceedings. Client can now have an opportunity to present his case instead of getting arrested and deported.
Case Details
Client, who is a green card holder, was detained by ICE and charged with removability for an alleged conviction of a crime involving moral turpitude within 5 years of admission. Client was denied bond and the government added an additional charge based on 2 alleged prior felony convictions that the client had allegedly sustained. Government claimed mandatory detention.
Case Results
After Attorney Chelico was retained to represent client he filed multiple motions for bond and for termination of proceedings. Attorney Chelico argued that the government had no case against his client and that it failed to meet its burden of proof pursuant to the U.S. Supreme Court holding in Woodby v. INS. The court initially declined to release client or grant the motion to terminate. After Attorney Chelico filed the last motion, the court ordered that the proceedings be terminated and ordered that the client be released from detention on his own recognizance. Client has been released. The government reserved appeal.
