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  • Cancellation of Removal For Non-Lprs: A Case Study

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    Carl Shusterman
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    http://shusterman.com This presentation discusses how to win your cancellation of removal case in Immigration Court. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html If you have been placed in removal proceedings and you have resided in the United States for a long period of time, you can apply for Cancellation of Removal for non-LPRs before an Immigration Judge if you satisfy each of the following conditions: 1. You have been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable if you have served a minimum of 24 months in the U.S. Armed Forces, were present in the U.S. during your enlistment or induction, and are either serving honorably or have received an honorable discharge.) “Continuous” means that you can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period. 2. You have been a person of good moral character for ten years; 3. You are not inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds). 4. Your removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child, who is a citizen of the United States or a lawful permanent resident. For more information please see Cancellation of Removal for non-LPRs page at http://shusterman.com/cancellation-of-removal-for-non-lprs.html

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    http://shusterman.com This presentation discusses how to win your cancellation of removal case in Immigration Court. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html If you have been placed in removal proceedings and you have resided in the United States for a long period of time, you can apply for Cancellation of Removal for non-LPRs before an Immigration Judge if you satisfy each of the following conditions: 1. You have been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable if you have served a minimum of 24 months in the U.S. Armed Forces, were present in the U.S. during your enlistment or induction, and are either serving honorably or have received an honorable discharge.) “Continuous” means that you can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period. 2. You have been a person of good moral character for ten years; 3. You are not inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds). 4. Your removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child, who is a citizen of the United States or a lawful permanent resident. For more information please see Cancellation of Removal for non-LPRs page at http://shusterman.com/cancellation-of-removal-for-non-lprs.html

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    10 views11 pages

    Cancellation of Removal For Non-Lprs: A Case Study

    Uploaded by

    Carl Shusterman
    http://shusterman.com This presentation discusses how to win your cancellation of removal case in Immigration Court. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html If you have been placed in removal proceedings and you have resided in the United States for a long period of time, you can apply for Cancellation of Removal for non-LPRs before an Immigration Judge if you satisfy each of the following conditions: 1. You have been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable if you have served a minimum of 24 months in the U.S. Armed Forces, were present in the U.S. during your enlistment or induction, and are either serving honorably or have received an honorable discharge.) “Continuous” means that you can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period. 2. You have been a person of good moral character for ten years; 3. You are not inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds). 4. Your removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child, who is a citizen of the United States or a lawful permanent resident. For more information please see Cancellation of Removal for non-LPRs page at http://shusterman.com/cancellation-of-removal-for-non-lprs.html

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    of 11

    A Case Study

    CANCELLATION OF REMOVAL
    FOR NON-LPRS

    Immigration
    Attorney
    Carl Shusterman

    CANCELLATION REQUIREMENT

    Ten Years Continuous Residence in the


    US
    Good Moral Character
    Exceptional and Extremely Unusual
    Hardship

    THE CABRERA FAMILY

    Parents
    Undocumented
    Two US Citizen
    Daughters
    Three Parents
    with Green
    Cards

    HEARING BEFORE IMMIGRATION JUDGE

    Judge Finds that


    Requirements Met
    Judge Approves
    Applications
    Government
    Appeals

    BIA REVERSES JUDGE

    Not Enough Hardship


    Ordered Voluntary
    Departure
    No Appeal Rights?

    MEET THE PRESS

    Press Conference
    Private Bills Introduced in Congress
    Senator Feinstein/ Rep. Roybal-Allard

    APPEAL TO 9TH CIRCUIT COURT OF APPEALS

    Do They Have Jurisdiction?


    Judge Never Granted Voluntary
    Departure
    Government Asks Court to Remand
    Case

    TAKE TWO

    Master Calendar Hearing


    Government Agrees to
    New Hearing
    Judge Schedules New
    Merits Hearing

    JUDGE GRANTS CANCELLATION (AGAIN)

    New Evidence
    Seven
    Witnesses
    Will
    Government
    Appeal (again)?

    CANCELLATION OF APPEAL

    LA Times
    Reporter: No New
    Story
    An Idea is Born in
    Quito
    Government
    Decides Not to
    Appeal

    QUESTIONS?

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