What is Cancellation of Removal?
What is Cancellation of Removal?
The System Worked
“I HAVE TO … AND WAIVE APPEAL” were the partial words uttered by Department of Homeland Security “DHS” Counsel in response to the Immigration Judge’s inquiry about the government’s position to the GRANT of Cancellation of Removal under section 240A(b) of the Immigration and Nationality Act “INA” subsequent to the Individual Hearing in my Clients’ case.
The road has been long and narrow.
I met Client X exactly 3 years ago to the month of this positive outcome. He was referred to my North Carolina office by one of his friends… who aware of my track record with cases which posed a challenge- thought that I would accept to represent Client X in this matter.
Client X was seeking Legal Permanent Residency “LPR”- upon hearing the background and procedural history (confidential), including two previous unsuccessful attempts made in this case; I informed him and his wife that the only condition which they had to meet under my terms of acceptance would be absolute confidence and trust in the belief that irrespective of any apparent barriers put before us… they would eventually prevail. With this condition met- I gladly accepted their case and vowed to zealously represent him to the best of my capability.
Cancellation of Removal under section 240(b) of the Immigration and Nationality Act (INA) for non-permanent residents is a relief available to Respondents “You” who entered the United States without Inspection or Visa and are able to establish in a hearing before an Immigration Judge, the following:
A. 1. Prior to the service of the Notice to Appear “NTA”, you have maintained continuous physical presence in the United States for ten (10) years or more, and you have been a person of good moral character as defined in section 101(f) of the INA during such period;
2. You have not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or 237(a)(3) of the INA; and
3. Your removal would result in exceptional and extremely unusual hardship to your United States Citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.
OR
B. 1. You have been battered or subjected to extreme cruelty in the United States by your United States citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent;
2. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for three (3) years or more and you have been a person of good moral character as defined in section 101(f) of the INA during such period;
3. You are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of an aggravated felony as defined under the INA;
4. a. Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident; or
b. You are a child whose removal would result in extreme hardship to you or your parent; and
5. You are deserving of a favorable exercise of discretion on your application.
Burden of Proof
The burden of proof is on the Respondent/Client to corroborate the foregoing elements by submitting irrefutable evidence, in order to prevail.
Outcome: Cancellation of Removal Granted.
Needless to say- We are all relieved and pleased. I wish my client and his family success and prosperity in his adopted home country.
Certain non-qualifying conditions exist under this relief.
Consult with an Immigration Attorney to inquire about your specific individual case.
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