INTRODUCTION
If you are in removal or deportation proceedings, you have may be eligible for cancellation of removal. Cancellation of removal is not available if you are not in removal proceedings. There are two types of cancellation of removal. LPR cancellation of removal is available for non-citizens who have a green card but were placed in removal proceedings, typically because of criminal convictions. Non-LPR cancellation of removal is available for non-citizen who never had a green card. The most important thing in cancellation of removal is whether you are actually eligible to get the relief of cancellation of removal and only an experienced immigration attorney can tell you that.
Non-LPR Cancellation of Removal for non-green card holders
Cancellation is available for non-green card holders, but eligibility is difficult to qualify for.
First, you must have been physically present in the United States for at least ten years and you must prove it. The commission of certain crimes will end physical presence and make you ineligible for cancellation of removal.
In addition, certain criminal convictions will bar your eligibility for cancellation of removal and you must be a person of good moral character during the 10 year statutory period.
The most difficult aspect of non-LPR cancellation of removal is that you must prove that your deportation would result in exceptional and extremely unusually hardship to your LPR or U.S. citizen spouse, parent or child. It is a very difficult standard and not everyone will qualify.
Also note that there is a limit of only 4000 non-LPR cancellation of removal visas available each year and there is currently a backlog.
Cancellation of Removal for green card holders
Cancellation of removal is available for green card holders, but you must have already been in the United States for over 7 years. Crimes and other negative factors can made you ineligible for this type of relief. You do not need a qualifying relative or show hardship, but these factors are helpful if your grounds of deportability are serious. Rehabilitation is also a key factor.
What the firm can do for you
The firm has successfully handled numerous non-LPR and LPR cancellation of removal cases in the immigration court. The firm will evaluate your case to determine if this is the best course of action. If you are applying for non-LPR cancellation of removal, it will almost always be the best course of action if you are eligible for the relief. For non-LPR cancellation of removal, the decision involves more analysis because it is a more difficult relief to get. The firm prides itself of full disclosure of the pros and cons of any relief so that you can make an informed decision whether to pursue cancellation of removal.
Recent Case Results
October 1, 2013 – Citizen of Mexico receives cancellation of removal for certain non-permanent residents despite convition for Maryland sex offense in the fourth degree
Facts: In January 2012, a citizen of Mexico was detained by ICE – he had no status and a conviction for Maryland fourth degree sex offense. The citizen of Mexico consulted with several very reputable immigration attorneys who all stated that there was nothing they could do for the citizen of Mexico. The citizen of El Salvador’s family continued looking for a lawyer and they finally found our law firm.
The Firm’s Representation: The firm first analyzed whether there was any relief available for our client. Our client had lived in the United States for over thirteen years and he had a U.S. citizen wife and three U.S. citizen children. One of our client’s children was very sick. The firm analyzed whether our client was eligible for cancellation of removal, which has very strict eligibility rules regarding criminal convictions. Despite our client’s conviction, the firm realized that our client was eligible for cancellation of removal because his sex offense conviction could be categorized as a petty crime under the crimes involving moral turpitude statute. The firm prepared our client’s case for trial in December 2012 – the firmed filed a mountain of hardship evidence and a written brief on eligibility for cancellation of removal. The hearing went very well, but the Immigration Judge could not issue a decision because the cancellation of removal visas had already been exhausted for the 2013 fiscal year. The Immigration Judge scheduled a hearing for October 1, 2013, the first day of the next fiscal year.
Outcome: The Immigration Judge had written his decision months earlier and had the decision entered on October 1, 2013. The Immigration Judge granted the relief and now our client can now get his green card.
June 11, 2013 – Citizen of Jamaica receives cancellation of removal, despite numerous convictions for drug-related offenses, after DHS drops “aggravated felony” charge
Facts: A citizen of Jamaica was detained by ICE in May of 2012 based on numerous drug-related convictions, the most serious of which was a conviction for possession with the intent to distribute (PWID) marijuana. His family came to the firm for help.
The Firm’s Representation:At first review of our client’s case, the outlook was bleak. DHS had charged our client with an “aggravated felony” for drug trafficking based on our client’s conviction for PWID marijuana. However, during the course of our client’s removal proceedings, on April 23, 2013, the U.S. Supreme Court decided Moncrieffe v. Holder, which held that certain convictions for PWID marijuana may, in some cases, not be “aggravated felonies.” The firm submitted a brief to the Immigration Court that asserted that Moncrieffe v. Holder was directly applicable to our client’s Maryland conviction for PWID marijuana and thus our client’s conviction for PWID marijuana was not an “aggravated felony.” DHS agreed and dropped the “aggravated felony” charge of removability. At that point, our client could proceed with his application for cancellation of removal.
Outcome: On June 11, 2013, the Immigration Judge granted our client’s application for cancellation of removal. Our client was released from ICE custody several hours later.
Febraury 20, 2013 – Green card holder from Guatemala receives cancellation of removal despite two convicitons for firearm possession
Facts: A citizen of Guatemala had been convicted of two separate firearm possession offenses. He was arrested and placed in detention by ICE. He turned to the firm for help.
The Firm’s Representation: On January 23, 2013, the firm began its representation. Our client had a green card and had been a resident for many years and the relief of cancellation of removal is the one of the most generous reliefs available in the Immigration Court. Nevertheless, our client had two convictions for deportable offenses and numerous contacts with law enforcement. The firm quickly gathered evidence of positive equities, interviewed our client, interviewed witnesses and had our client’s case ready for trial on February 20, 2013, less than a month after retention.
Outcome: On February 20, 2013, our client was granted cancellation of removal and he was released from ICE detention the next day.
October 25, 2012 – Citizen of Mexico receives cancellation of removal despite conviction for possession of cocaine
Facts: A citizen of Mexico was arrested at his home and placed in removal proceedings. His family came to the firm for help.
The Firm’s Representation: The firm took our client’s case and discovered that our client was eligible for LPR cancellation of removal by two months – our client barely had the seven years of physical presence necessary to qualify for cancellation of removal. Our client was subject to mandatory detention, but we fast-tracked his case in the Immigration Court.
Outcome: On October 25, 2012, our client was granted cancellation of removal. He was released from ICE custody the next day. The total time of his incarceration by ICE – from arrest to granting of relief – was less than two months.
May 24, 2012 – Citizen of El Salvador granted cancellation of removal despite two convictions for PWID marijuana
Facts: A citizen of El Salvador was incarcerated by ICE based for almost two years based being removable for two separate Maryland convictions for possession with intent to distribute marijuana.
The Firm’s Representation: The firm took our client’s case and took the position that our client’s convictions were not “aggravated felonies,” which would make our client eligible for cancellation of removal. Fortunately, the Immigration Court agreed with us and decided that our client was eligible for cancellation of removal.
Outcome: On May 24, 2012, based on the positive equities of our client’s case, the Immigration Judge granted cancellation of removal. Our client was released from ICE custody several days later, after more than two years of ICE custody.
March 8, 2012 – Citizen of the Dominican Republic granted LPR cancellation of removal despite conviciton for robbery and other offenses
Facts: A citizen of the Dominican Republic came to the United States with a green card when he was very young. When he became a young adult, he started getting into a lot of trouble. He had committed robbery and numerous offenses of indecent exposure. Later, he was diagnosed with schizoaffective disorder. In 2010, he was placed in removal proceedings. His family sought the firm’s help.
The Firm’s Representation: Our client was eligible for LPR cancellation of removal, but we had to offset the negative aspects of his case with his psychiatric problems. the firm hired an forensic psychiatrist to examine our client and testify in court. In addition, our client was lucky to have the strong support of his family.
Outcome: On March 8, 2012, our client was granted LPR cancellation of removal. Hopefully, in five years, the firm can assist our client to get his citizenship.
June 8, 2010 – Citizen of Pakistan was granted non-LPR cancellation of removal
Facts: In January 1999, a citizen of Pakistan entered the United States from Canada. In March 2009, DHS placed him in removal proceedings. He called the firm for assistance.
The firm’s representation: Luckily, our client had barely met the 10 year residency requirement for non-LPR cancellation of removal. The firm gathered the medical records for our client’s wife and children for submission of evidence of exceptional and extremely unusual hardship.
Case status: On June 8, 2010, our client was granted non-LPR cancellation of removal and several weeks later, he received his green card.