Visas, green cards, citizenship, asylum: the Law Offices of David S. Chesley's immigration lawyers cover all of it for Modesto. Criminal defense is the other half of the practice, and the two overlap for a non-citizen, since a conviction can carry its own immigration price. California law requires a warning before any plea.
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Where does a Modesto criminal case actually get heard?
Stanislaus County's criminal cases stay in Modesto itself. Its Superior Court describes the Criminal division's reach in one sentence: it "has jurisdiction over felonies, misdemeanors and infractions." The building for that work is the Main Courthouse.
| Court | Address and phone | Role |
|---|---|---|
| Main Courthouse, Criminal Division | 800 11th Street, Modesto, CA 95354; (209) 530-3100 | Felony, misdemeanor and infraction criminal cases |
| City Towers Courthouse | 801 10th Street, Modesto, CA 95354; (209) 530-3100 | Civil and probate only, not criminal |
Table: two Modesto courthouses, only one of them criminal.
For the actual date and department, nothing beats the citation itself. Penal Code 853.6 only requires it to list the time and the place to appear, so treat that document, not this page, as controlling.
There is no Chesley office inside Modesto, but two firm pages cover the criminal side in depth: criminal defense in Modesto and DUI defense in Modesto.
Which federal offices cover a Modesto immigration case?
Stanislaus County's immigration matters do not stay local at all, and one of the three federal offices involved is not even in the same county. All three send their own notices with the real date and address.
| Agency | Office for this area | What it does |
|---|---|---|
| Immigration court (EOIR) | Concord, (925) 680-9015, or Sacramento, 650 Capitol Mall, Sacramento, CA 95814, (916) 447-9301 | Removal cases; these are EOIR's only two listed Northern California courts, with no stated county assignment |
| USCIS | Fresno Field Office, 744 P Street, Suite 120, Fresno, CA 93721 | Interviews for non-asylum cases, naturalization ceremonies, applicant services |
| ICE Enforcement and Removal Operations | San Francisco Field Office, 630 Sansome Street, Room 590, San Francisco, CA 94111; (415) 365-8800 | Area of Responsibility: Northern California, Hawaii, Guam, Saipan |
Table: three federal agencies, three different footprints, for a Stanislaus County case.
Start with the court. EOIR's own finder lists exactly two Northern California immigration courts, Concord and Sacramento, and nothing at all in Fresno, Stanislaus County or Modesto. Neither listing says which county goes where; a hearing notice, not this page, settles that. For an already-filed case, EOIR's ACIS lookup helps. In the agency's words, it offers "basic information about the status of certain cases" to anyone who enters an A-Number and nationality. It also cautions that "not all cases, or all information about a case is displayed."
USCIS works differently: it has one named local office for Modesto, and that office happens to sit in a different county. Every Modesto zip code routes to the Fresno Field Office at 744 P Street, Suite 120, confirmed through USCIS's own ZIP lookup. Interviews for non-asylum matters, naturalization ceremonies, and applicant services run through that office by appointment, per its listing, which states: "Please refer to your interview or appointment notice to confirm the field office address for your visit." Biometrics are not on that list; they happen at an Application Support Center instead.
ICE's reach is broader still. Its San Francisco Field Office's listed Area of Responsibility, "Northern California, Hawaii, Guam, Saipan," is wide enough to take in Stanislaus County without naming it specifically, and that office is a separate operation from both the court and USCIS.
What three outcomes can one Modesto conviction create?
A single Stanislaus County conviction can be read three separate ways under federal law.
| Outcome | What it means | Statute | Example grounds |
|---|---|---|---|
| Deportable | Removable after already being admitted | 8 U.S.C. 1227(a)(2) | One crime of moral turpitude within 5 years of admission with a possible 1-year sentence; 2 such crimes after admission, not from one scheme; any aggravated felony |
| Inadmissible | Barred from a visa, green card or reentry | 8 U.S.C. 1182(a)(2) | A crime of moral turpitude, admitted or convicted; a controlled substance violation |
| Barred from relief | Cancellation of removal unavailable | 8 U.S.C. 1229b | Permanent residents: an aggravated felony. Others: a conviction under 1182(a)(2), 1227(a)(2) or 1227(a)(3) |
Table: deportable, inadmissible and barred from relief each ask a different question.
Removal from the country is the deportability question, governed by 8 U.S.C. 1227(a)(2)(A). One crime of moral turpitude inside five years of admission, carrying a possible one-year sentence, is enough, and so is any aggravated felony, or two such crimes committed after admission that did not come from a single scheme of conduct.
A fresh application, a visa, a green card, reentry, faces the inadmissibility question instead, under 8 U.S.C. 1182(a)(2)(A). A crime of moral turpitude or a controlled substance offense can block it. The statute's one exception is narrow: one such crime, where either the person was under 18 with more than five years since release from confinement, or the maximum sentence possible was a year or less with no more than six months actually imposed.
The word "felony" splits in two here. California's own version tops out at 364 days for a misdemeanor under Penal Code 18.5, which keeps a misdemeanor out of the federal "aggravated felony" list at 8 U.S.C. 1101(a)(43) wherever that list demands a one-year term. A wobbler sentenced as a felony is not protected the same way.
Even "conviction" has a federal definition of its own. 8 U.S.C. 1101(a)(48)(A) treats a formal judgment of guilt as a conviction on its face, and treats a guilty plea or a no contest plea, paired with any punishment, exactly the same way. A suspended sentence still counts for its original full length.
What plea warning does California law require?
Penal Code 1016.5 requires a judge to read this line, word for word, before almost any guilty or no contest plea: "If you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States." Miss that step on a conviction that may carry one of those consequences, and the statute opens the door to vacating the plea.
The judge's warning is only one layer. Penal Code 1016.2 puts Padilla v. Kentucky into the California code; the Supreme Court's exact words at 559 U.S. 356, 374 (2010) were that "counsel must inform her client whether his plea carries a risk of deportation." Penal Code 1016.3 turns that into a standing duty: give honest, affirmative advice on the consequences, and try to limit them when that fits what the client wants.
Can an old Modesto conviction be reopened now?
A case closed long ago can reopen itself the day someone files for a visa, a green card or citizenship. Penal Code 1473.7 gives someone no longer in criminal custody a way to challenge it. The ground is prejudicial error that kept them from meaningfully understanding, defending against, or knowingly accepting the plea's immigration fallout. Bad legal advice is one way to meet that standard, but it is not the only way.
Timing runs off two possible triggers. One is a notice that the conviction is being used to seek removal, or to deny a benefit, status or naturalization. The other is a notice that a removal order has become final. Whichever one happens second starts the diligence clock.
What will not fix this: a sealed record or a certificate of rehabilitation. Both exist under California law, and neither one moves the federal needle, per the Board of Immigration Appeals in Matter of Pickering, 23 I&N Dec. 621 (BIA 2003): a conviction vacated for rehabilitation reasons alone "is not eliminated for immigration purposes." Penal Code 1016.5 and 1473.7 are the two tools that actually can.
For anyone facing a new charge in Modesto, the charge and the immigration history belong in the same review, not two separate ones; see reviewing a plea for immigration consequences and, for driving cases specifically, how a DUI can affect immigration status.
What immigration work does the firm take on?
Beyond the criminal charge itself, the firm's immigration lawyers take on asylum cases, the EB-5 investor visa program, Form I-601 and I-601A hardship waivers, adjustment of status, and citizenship and naturalization filings. For removal proceedings, the firm files cancellation of removal applications, EOIR-42A or 42B under 8 U.S.C. 1229b, and a motion to reopen or reconsider when that is denied.
Two other paths round out the practice. A child meeting the conditions in 8 U.S.C. 1101(a)(27)(J), including a juvenile court order, may qualify for Special Immigrant Juvenile Status. A victim of a qualifying crime may pursue a U Visa, where a law enforcement certification under 8 U.S.C. 1184(p)(1) is a required part of the petition.
The same office defends the underlying charge too, from DUI to drug, theft, violent and sex offense cases, under one roof.
Frequently asked questions
Is a misdemeanor conviction in Modesto enough to trigger deportation, or does it take a felony?
A misdemeanor alone can do it. Immigration law skips right past California's felony and misdemeanor categories. A misdemeanor domestic violence crime, a drug offense, or two unrelated crimes of moral turpitude can each support deportability under 8 U.S.C. 1227(a)(2). An immigration lawyer can check a specific charge before a plea is entered.
If my Stanislaus County case was dismissed, can the arrest still hurt my immigration case?
Mostly no, with one major exception. 8 U.S.C. 1101(a)(48)(A) requires a judgment, a plea, or an admission before something is a conviction. The Laken Riley Act's 8 U.S.C. 1226(c)(1)(E) cuts that protection for a specific group, though. The rule covers anyone already inadmissible under 8 U.S.C. 1182(a)(6)(A), (6)(C) or (7). That person faces mandatory ICE detention the moment they are charged with or arrested for theft, burglary, larceny, shoplifting, assaulting a law enforcement officer, or causing death or serious injury.
Does a no contest plea protect my immigration status better than a guilty plea in Modesto?
Not at all. 8 U.S.C. 1101(a)(48)(A) puts the two on equal footing the moment the court imposes any punishment.
Nobody read me the immigration warning before I pleaded guilty in Stanislaus County years ago. What are my options?
Look at Penal Code 1016.5 first. For a plea taken before January 1, 2026, the statute says a court's failure to give the exact word-for-word warning does not, by itself, justify vacating the plea, whether it was imperfect or skipped altogether. A court still keeps its usual discretion to vacate for other reasons, and Penal Code 1473.7 covers a broader set of problems worth asking about too.
Can ICE take someone directly from the Stanislaus County jail?
Not from a hold request alone. Government Code 7284.6(a)(1)(B) stops local agencies from detaining anyone on that basis by itself. A real transfer needs a judicial warrant, a judicial probable cause finding, or one of the convictions Government Code 7282.5 names, under Section 7284.6(a)(4).
Is law enforcement certification actually required for a U Visa?
Actually required, yes. 8 U.S.C. 1184(p)(1) makes it a mandatory part of the petition. On top of that, the applicant must have been, be, or be likely to be helpful to the investigation.
I have a naturalization application pending. Will an old Modesto case affect it?
It might, so address it now rather than later. Have the old case reviewed against the pending application before the interview, not after USCIS raises a question about it.
Talk to a Modesto immigration lawyer today
A criminal case and an immigration case touching Modesto rarely share the same deadline. The Law Offices of David S. Chesley offers a free consultation, is available 24/7, and offers payment plans. Call (800) 755-5174 or use the firm's consultation request form.