Criminal Defense and immigration

Criminal Defense

At Cabrera & Hart, LLC, we pride ourselves on using every skill set, relationship, legal argument and fact to advocate for our clients, in order to negotiate the best outcome possible. Often times, defending our clients means going as far as hiring our own private investigator to get help us fight to have the truth heard. Other times, it means getting to know our clients and their families, in order to negotiate a plea agreement that will minimize our client's exposure at work, or potentially in later civil or immigration proceedings.

At Cabrera & Hart, LLC, we take great pride in our understanding of the California Penal Code, Health & Safety Code, and the Vehicle Code, as well as the way in which those state criminal codes interplay with Federal Immigration Law, namely the Immigration & Nationality Act. Additionally, the Ninth Circuit Court of Appeals, the Board of Immigration Appeals, and the California Supreme Court and Court of Appeals all have issued a multitude of decisions that often conflict, effect one another, and most importantly effect our clients. It is our job to ensure that not only is our client represented at the time of his or her criminal case, but that we attempt to navigate the criminal justice system, in a way to protect our client from future court proceedings

We handle a variety of cases ranging from Driving Under the Influence, Controlled Substance Crimes, Violent Crimes, Firearm Related Crimes, Sex Crimes, and all Serious Misdemeanors and Felonies.


Cabrera & Hart, LLC not only can help you at the onset of your criminal case, but many times your case have been over for many years before you learn that your conviction or plea, carries additional consequences that may affect future employment, immigration status, and other areas of your life. We can review the conviction records to ensure that your attorney and the criminal justice system handled your case properly, and that you were given the best representation possible given your particular legal status, family situations and previous criminal history. We strive to vacate our clients previous convictions, modify or reduce their sentences, or negotiate alternate plea agreements, using a variety of legal mechanisms.

Often, we are the last hope for many of our clients, and we are proud to say that we have an excellent record at transforming that hope into a positive outcome.


Cabrera & Hart, LLC represents clients in both affirmative and defensive immigration proceedings and applications. Affirmative relief or applications involve applying for a variety for forms of relief, without being placed in deportation proceedings, or being placed voluntarily in immigration proceedings or initiating the filing of an application, as a result of the fact that an attorney has reviewed your case and determined that you would be an excellent candidate for a particular immigration benefit. Defensive applications are primarily filed when a client has involuntarily encountered Immigration & Customs Enforcement (ICE) or has been referred to Immigration Court as a result of some recent arrest, detention or encounter. The Immigration & Nationality Act governs Federal Immigration Law, as well as controlling case law from the Board of Immigration Appeals, and the Ninth Circuit Court of Appeals.

Immigration law is an extremely complex body of law,  in that the government has divided jurisdiction between multiple agencies, and various factors determine which agency or department has jurisdiction over each individual's case, and to whom the various application for relief should be filed. Further, even Federal Immigration law and its interplay with state criminal law varies depending on the state, and the Circuit in which that state is located, as well as the circuit in which the individual is physically or jurisdictionally in.  It is precisely this reason that Cabrera & Hart, LLC prides itself on having extensive experience in navigating these complicated jurisdictional issues, the ever-changing case-law, and the complex interplay that exists when a client has even the smallest state or federal criminal history and is now facing immigration removal proceedings. Our office represent clients at all levels of Removal Proceedings, in Immigration Courts across the country. We are experienced in the following areas:

Cancellation of Removal                                    Asylum                                                        Withholding             
Convention Against Torture                               Adjustment of Status                                   Consular Processing
Stateside Waiver                                                Petition for Alien Relative                            Labor Certification
VAWA                                                                U-Visa                                                          NACARA
TPS                                                                    Motion to Reinstate                                     Motion to Reopen
BIA Appeals                                                       Ninth Circuit Court Appeals                         Deferred Action
Derivative Adjustment                                        NACARA                                                     Grandfathered Petitions

EB-5 Immigrant Investor Visa Program

Additionally, our office has partnered to form Los Angeles International Regional Center, LLC and are in the process creating our EB5 team, in order to submit our project to USCIS for Regional Center Approval. Upon approval we will announce our current project, and begin accepting EB5 investors from specific overseas locations.

USCIS administers the EB-5 Program. Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:

(1) Make the necessary investment in a commercial enterprise in the United States; and
(2) Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.