APPELLATE LITIGATION

PROVIDING SUPERLATIVE RESEARCH, AND ANALYSIS FOR YOUR APPEAL

The Firm represents clients before the Ninth Circuit Court of Appeals.  Several of Mr. Rocha’s appellate cases are published opinions and their impact has extended beyond solely his client.  In United States v. Aguilar-Reyes, for example, the Ninth Circuit held that Arizona’s definition of “alien smuggling” was over-broad--meaning it criminalized more conduct than the federal government--when compared to the federal law's definition of “alien smuggling.”  The Ninth Circuit’s decision in Aguilar-Reyes has benefited scores of noncitizens by reducing the amount of time spent in federal prison and limiting the government from placing noncitizens in deportation proceedings.  In United States v. Shirley Morgan, the Ninth Circuit, in a published opinion, admonished the United States Border Patrol for photographing the defendant next to the seized contraband and for failing to offer an explanation for this practice.  

Our Ninth Circuit practice also includes filing Petitions for Review for clients with immigration cases.  The Firm's appellate practice extends to representing clients before the Board of Immigration Appeals (BIA).  The Firm has been successful in obtaining remands from both the Ninth Circuit and the BIA for clients in these proceedings.  

Representing clients in post-conviction relief (PCR) is another type of appeal our office handles.  Our office has successfully argued PCR cases involving the ineffective assistance of counsel for noncitizen clients  in deportation proceedings and has secured post-conviction relief for individuals wrongfully convicted in the Arizona criminal court.  Mr. Rocha also advises defense attorneys on PCR claims for their non-citizen clients.  

Appellate Litigation

Contact us today to discuss your case.