The Law Offices of David B. Gardner, Inc. provides comprehensive representation in all aspects of United States Immigration and Nationality law.
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DEPORTATION / REMOVAL & DETENTION

 

We represent individuals in deportation and removal proceedings in the Immigration Courts in Los Angeles County and will associate other counsel for hearings in other locations throughout the United States. We represent all types of appeals from orders of deportation or removal before the Board of Immigration Appeals. In appropriate cases we file legal proceedings in Federal District Courts in Los Angeles and represent appeals in the 9th Circuit Court of Appeals as well as other Circuits where we may associate local counsel. We have successfully obtained immigration relief from deportation or removal including termination or dismissal of proceedings, adjustment of status, suspension of deportation, cancellation of removal, political asylum, withholding of removal and relief under the Convention Against Torture (CAT).
 
 Petitions for Review in the Ninth Circuit Court of Appeal

Petitions for review may be filed in the U.S. courts of appeal to obtain review of a decision of deportation, exclusion or removal issued by the Board of Immigration Appeals (BIA). In addition, a petition for review may be filed to obtain review of a removal order issued by the United States Immigration and Customs Enforcement (ICE) under certain provisions of the Immigration and Nationality Act. Challenge to decisions by the BIA or ICE involve legal, constitutional, factual, or discretionary claims. The REAL ID Act expands the jurisdiction of the courts of appeals to consider, on petition for review, certain issues that were previously precluded. Determining whether the court of appeal possession subject matter jurisdiction to review a particular decision or issue requires complicated legal analysis and is dependent on constantly evolving case law. While the INA contains several bars to review, these bars do not apply if the petition for review raises a question of law or constitutional claims. 



Petitions for Writs of Habeas Corpus in the United States District Courts

Persons ordered removed by a final administrative order and held without bond may have recourse through a habeas corpus petition. Habeas petitions challenge removal orders, claim ineffective assistance of counsel, or assert unconstitutional detention. While the REAL ID Act bars non citizens from the right of habeas corpus review in federal district courts for most detention and deportation orders, an alternative recourse is available before the U.S. courts of appeal. 

The REAL ID Act also purports to eliminate review of final orders of removal, deportation or exclusion by habeas corpus, although this has been challenged as unconstitutional.


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