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Saber más sobre LAW OFFICE of Daniela Hernández Chong Cuy
Areas of Practice
Immigration Removal Defense
Removal Defense. I represent detained and non-detained individuals at all stages of their removal proceedings, including individuals with extensive criminal histories. I provide zealous and competent representation in defensive asylum, withholding of removal, and protection under the Convention Against Torture applications, cancellation of removal for legal or non-legal permanent residents, and survivors of domestic violence (VAWA), waivers of grounds of removability and in-court family-based adjustment of status.
Bond. I represent individuals in bond proceedings, by filing appeals or motions for changed circumstances, when bond has been denied. I provide integral bond representation that includes working closely with family and/or case managers, obtaining proof of rehabilitation, enrolling my clients in housing or treatment programs, if needed, and developing a stable release plan to ensure that they have a safe transition once they are released to the community.
Mental-Health. My office is an NQRP-Provider (Franco-Gonzalez v. Holder), which has given me ample experience representing individuals with severe mental health needs, including individuals who are not designated as Franco-class members. I am qualified and experienced in preparing applications for relief when client has fear of return by reason of their mental health.
Individuals with removal orders and Appeals. I represent individuals who have been denied relief, by filing motions to reopen, appeals before the BIA and petitions for review before the Ninth Circuit Court of Appeals.
Vacaturs of criminal convictions. I represent individuals who have pled guilty or no contest to criminal charges, who did so without having a meaningful understanding of the immigration consequences.
Criminal Defense for Individuals with Mental Health Needs
Pre or post-sentencing mental health diversion and post-release supervision. I represent criminal defendants who have significant mental health needs that may be eligible for pre o post-sentencing mental health diversion, or have been subject to probation or reporting requirements in mental health court due to being found incompetent to stand trial.
Mental Health Legal Services
I provide consultations to individuals, their families or caregivers, who may require to be appointed a mental health conservator, guardianship or court-mandated assisted out-patient treatment. I assist by gathering all the evidence needed to file petitions before the Public Guardian or Mental Health Court.
Core Values and Organizational Principles
Representing individuals with multiple vulnerabilities caused by class, gender, race, status differences, or mental health needs, requires a humanizing and holistic approach to lawyering.
Through a comprehensive understanding of my client's needs and potentials, I identify areas that require legal representation and develop a comprehensive legal strategy aimed at eliminating the barriers that are impeding my clients reintegration or recovery, so they can have an opportunity to flourish.
I believe in an interdisciplinary approach to lawyering. I believe that for a legal strategy to succeed, attorneys should move away from a silo'd legal practice.
My advocacy model is a model of representation and stewardship, where the attorney collaborates with social workers and mental health professionals who provide an active accompaniment, to ensure that my clients are not left alone in the process.
My approach is client-centered in that it seeks that my clients can actively participate in their legal proceedings; it seeks to make the legal system more humane by introducing my clients' stories into the courtroom.
Consultation and Technical Support
Mexico–Human Rights
I have +5 years of experience working in the human rights field in Mexico. I can assist you with identifying qualified country conditions experts and preparing them for expert declarations and testimony, and by identifying relevant background evidence and Mexico country conditions reports that can support your legal case theory.
Representation in Mexico
Aside from being licensed to practice in California, I am an attorney licensed to practice in Mexico. If your client needs to initiate any judicial proceedings that involve civil or family matters (such as divorces, adoptions) or issues with property, in Baja California Family/Civil Courts or administrative proceedings before the Civil Registry in Baja California (public registry, or apostilles) I will be happy to represent them.
Mexican Law & Procedure
The Mexican legal system can be difficult to navigate for US attorneys because it is a civil-based legal system, and many matters, such as civil, family and property law are subject to federal, state and municipal laws and judicial precedent. I offer consultations services that can assist you in navigating any issue that pertains to Mexican federal, state or municipal laws and procedures.