Criminal Law

• Criminal Defense
  Eliminate adverse immigration consequences and avoid removal. As a non-citizen you need both immigration & criminal defense legal expertise. With years of courtroom experience in immigration law and criminal defense, Ben Hall works for you can help you...
• DUI/DWI
  In our criminal law practice, we aggressively and successfully defended thousands of clients, citizens and non-citizens who are charged with drug, violent felonies, domestic violence offenses, thefts, DUI's and misdemeanor crimes.
• Burglary
  In another recent and very difficult defense case in the San Francisco Immigration Court, the Immigration Judge (IJ) granted client’s application for cancellation of removal. Client is a Canadian citizen with a U.S. citizen spouse and two U.S. children. In this defense, Mr. Eckdish provided his legal services as both an immigration and criminal defense attorney. The client (respondent) had numerous criminal misdemeanor convictions involving moral turpitude, including several simple marijuana drug possessions, multiple petty thefts, a commercial burglary, and a domestic violence conviction. Attorney Eckdish obtained post-conviction relief in the California Superior Courts for four (4) of the most serious offenses (the DV, burglary and two of the theft offenses.) These vacated and modified convictions could no longer be used as a basis for client’s deportation or removal. Mr. Eckdish then retained the services of a licensed forensic psychologist who provided a credible explanation for the client’s past criminal behavior. In addition, the client began counseling for a one year period prior to the removal (individual hearing). The IJ, after hearing all of the psychological testimonial evidence presented by Mr. Eckdish at the hearing, granted client’s application for cancellation of removal finding that the client’s criminal history was excused due to the extraordinary conditions that surrounded client at the time of the commission of these offenses approximately 10 years earlier. In granting relief to client allowing him to remain in the U.S. as a permanent resident, the IJ also found that there was substantial evidence presented by Mr. Eckdish at the hearing demonstrating extreme hardship to qualifying relatives should respondent have been deported and that client had been sufficiently rehabilitated so that it was unlikely he would re-offend.
• Theft
• Misdemeanors
  In his latest victory, Mr. Eckdish obtained a ‘green card’ for his client who had seven (7) contacts with the criminal courts in the San Francisco Bay Area Courts four (4) of which were misdemeanor convictions. However, Mr. Eckdish successfully argued in his briefs to the U.S.C.I.S. Adjustment of Status Unit in San Francisco that his client was nevertheless, admissible to the U.S., despite those convictions. He argued persuasively that only one of those convictions was a crime involving moral turpitude and therefore, his client was still eligible to adjust his status to become a permanent resident based upon the petty offense exception. The U.S.C.I.S. Supervisor assigned to his case agreed and approved client’s permanent residency application. The client is married to a U.S. citizen. They have two U.S. citizen children. This was a very difficult case requiring Mr. Eckdish’s expertise in both criminal and immigration law. In this case, Stephen Eckdish represented a lawful permanent resident client from the Philippines in removal proceedings in San Francisco Immigration Court based upon his convictions for aggravated felonies. Mr. Eckdish was able to modify client’s aggravated felony convictions in criminal court. Attorney was then able to file and the Immigration Judge granted his Cancellation of Removal application because client’s convictions were no longer aggravated felonies and client was therefore eligible for discretionary relief. Client is now able to travel in and out of the U.S. as a lawful permanent resident.
• Drug Crimes
  In a case that was very challenging, Attorney Eckdish won a cancellation of removal case for a lawful permanent resident client from New Zealand who had been residing in the U.S. since she was six years old. This client had several crimes of moral turpitude convictions, including several drug and drug related offenses. During her removal proceedings, client was arrested for drug sales. She was convicted of simple drug possession after Mr. Eckdish was retained to assist her criminal defense lawyer. Mr. Eckdish then took over her removal defense case and successfully argued that client had never been rehabilitated from her drug addiction. Attorney Eckdish hired an expert licensed forensic, clinical psychologist to assist in her defense. The psychologist testified at client’s merit hearing that client had never had the benefit of being in any drug rehabilitation or counseling programs before. He testified that there was a substantial likelihood that she would change her ways and not use drugs again in the future. The Immigration Judge, after hearing all of the evidence, including testimony from the client, agreed that she should be given a last chance and granted her application for cancellation of removal. As of this date, client has been in continuing counseling and rehabilitation, has not re-offended, and is enjoying reunification with her children and family.

Immigration Law

• Citizenship and Naturalization
  Loss of permanent residency or removal from the U.S. can be prevented with proper legal action. If you loose your green card, then you cannot apply for U.S. citizenship. Even if you are convicted of certain crimes, you may still be eligible to apply for Naturalization to obtain your U.S. citizenship without fear of being deported. The Law Offices of Benjamin F. Hall can help you make such a determination. If you have criminal convictions making you deportable, then we can file motions to vacate, modify, and eliminate those convictions so you become eligible for naturalization to get your U.S. citizenship. Lawyer Ben Hall are recognized experts in obtaining Post-Conviction Relief so you can become eligible to apply for naturalization and obtain your U.S. citizenship. Read our Five-Star
• Green Cards
• Removal Defense
  Filing applications for asylum and withholding of deportatio n. These important forms of relief are available if you have a well founded fear of persecution by the government in your home country. Click here to see the asylum relief page. [See Removal Defense]