What is Cancellation of Removal?


Cancellation of Removal – a Case Study

Andres Mejer, immigration attorney, had a client who was subject to removal. The client had gone to an attorney prior to coming to this law office. This client had no hardship – which is a very important part of the requirements to prove. Andres explains how he was able to prove a hardship for this client.

Transcript (Transcripción):

Andres Mejer: So let’s talk about George now. George last week had a trial on cancellation of removal. Now like many of our clients. They first start with another attorney or a Notario who screws up their case and then they come back. So in Georgia scenario. He should never have been putting in more proceedings when he filed he had three U.S. citizen children. That’s correct. They filed for asylum. He didn’t really have a valid. He didn’t have a solid claim for asylum. And the way the petition was prepared was crap. They just said I just want to be put in removal proceedings. So in the context of George what he needed to do is say listen. I’m afraid to go back to my country. Why am I afraid. Or because something bad happened to me already or I have a really good reason to suspect something bad will happen. By whom. Who’s the actor government or a group. The government can’t control. And why. Why did something bad happen by the government or the group go we can’t control and it has to be for a protected reason, race, religion, nationality, political opinion, or particular social group, has to be one of those five. In George’s scenario, he filed asylum. It was not well documented at all. It was not well presented at all. His attorney told not to go to the hearing and he didn’t and needed this attorney. He was placed in removal proceedings. And here’s the problem. So now he’s going to go with the intention of proving cancellation of removal. So some people call it the 10-year law. There really isn’t a 10-year law. It’s a defense to deportation but it’s not just 10 years. There are four requirements. One in the U.S. more in 10 years. Second good more person-third not convicted of a crime that would disqualify you. And the kicker is for extreme and unusual hardship to a qualifying relative that could be a parent could be a spouse. Or it could be children. Now here he has his wife is undocumented and he had three U.S. citizen kids. The problem is when he started that process he didn’t have extreme and unusual hardship. His three kids were healthy. None of them were under the care of a doctor. They weren’t taking any medicine. They had no emotional problems. They had no financial problems. George is a really good businessman and he’s opened multiple businesses and he does work very well for him and for his family. But he didn’t have extreme and unusual hardship. What the attorney did was malpractice. Should never have put him in that scenario. But the process took so long. Seven or eight years later his middle child was diagnosed with a learning disability. He had what’s called an IEP Individual Education Plan. So school was giving him services, psychologists therapists, occupational speech, a variety of different needs. That lasted for three years. Then the school said he’s now up to snuff. He had certain challenges he’s overcome those challenges. He doesn’t need it now. Oh, what do we do? Had extreme and unusual hardship than didn’t have extremely unusual hardship. So we argued listen he’s being evaluated. This may change at any time. Just like a change before it could change again. He’s still growing. We also showed that he was here for 10 years of tax returns businesses. He has one child who’s in who’s 20 years old. So he was here at least 20 years ago. So his testimony affidavits the fact he was here for 10 years not hard to prove a good moral person. Well and no disqualifying crime. That’s simple. We get a background search and we show that he’s not been convicted of anything that would disqualify him. Extreme and unusual hardship. Well, how do you prove that? Every case is different but does you. There are many factors but there are three principal ones, financial, emotional, medical. So we’re talking about a scenario where I’m deported. I’m going back to my case in Chile. My children either stay here or come with me. And I have to show how they’re going to suffer in this case my wife how my wife and my kids are going to suffer if I’m in Chile. So if I get deported and my kids come with me well here they have, their U.S. citizens, they have insurance, they have treatment, they have good doctors, they have good hospitals, if there’s a problem they have an opportunity to have it fixed here where in my country they may not have access to those things. In the context of a learning disability. Well look it’s not that Chile. I honestly don’t know if Chile has that assistance they probably do but only for, probably really expensive. It’s certainly provided by the state. And access is probably limited. So if I don’t live in an urban area like San Diego I may not have access to that at all. So that could be extreme and unusual hardship. If you have any questions put it down below. Subscribe to our channel if there’s a subject you want us to talk about in the future. Put it in the comments we review it and maybe we’ll talk about it in the weeks to come.

Share This Post!

Related Posts

Call Us Today!


New Jersey Immigration Attorney

Need help?

Got questions?

New Jersey Immigration Attorney

We're here 24/7.
Call Now!



Eatontown, NJ


Address

286 RT 35
Unit D
Eatontown, NJ 07724

Map/Directions

Lakewood, NJ


Address

212 2nd Street
Suite 104
Lakewood, NJ 08701

Map/Directions

Newark, NJ


Address

50 Park Place
Suite #1101
Newark, NJ 07102

Map/Directions

Edison, NJ


Address

1929 NJ-27
Edison, NJ 08817

Map/Directions

Bridgewater, NJ


Address

1065 US-22 Suite 2B
Bridgewater Township, NJ 08807

Map/Directions

Freehold, NJ


Address

36 W Main St, Suite 302,
Freehold, NJ 07728

Map/Directions

Copyright 2021 Provencher and Flatt, LLP - All Rights Reserved. Powered by Advantage Attorney Marketing & Cloud Solutions

Find Out Immediately If You Qualify for Legal Status

Subheading

Your privacy is important to us. We will keep the information you provide strictly confidential. We only use your information to determine if you may be eligible for immigration benefits in the United States. The information we provide should not be construed as legal advice and submission of this form does not create an attorney/client relationship.

Ingrese la siguiente información para aceptar los términos y condiciones.

Enter the following information to accept the terms and conditions.

Start Here!

Información Personal / Personal Information

Subheading

Idioma Preferido*

Preferred Language

Fecha Nacimiento*

Date of Birth

Pais de Nacimiento*

Country of Birth

Entradas a las EEUU / Entries into the US

Subheading

Fecha Entrada*

Date of Entry

Entrada Legal*

Did you enter legally?

Background

Subheading

¿Tiene usted padres, conyuge o hijos mayores de 21 anos,Que ha estado o esta en las fuerzas armadas Americanas?*

Do you have a parent, spouse, or child over 21 who is or was in the US military?

¿Tiene usted padres,conyuge o hijos mayores de 21 anos, ciudadanos Americanos o residentes permanentes?*

Do you have a parent, spouse, or child over 21 who is a US citizen or lawful permanent resident?

¿Ha tenido usted, sus padres o sus abuelos un estado legal en los EEUU?*

Did you, your parents, or your grandparents ever have legal status in the U.S.?

¿Esta considerando matrimonio con us ciudadano Americano o residente permanente? ( mismo sexo incluido)*

Are you considering marriage to a US citizen or green card holder (same-sex marriage included)?

Background

Subheading

¿Alguien ha peticionado a su favor por motivos de inmigración?*

Has anyone ever filed an immigration petition for you before?

¿Ha sido usted deportado o esta usted en procedimiento de deportación ahora?*

Have you ever been deported or are you in deportation proceedings now?

Ha sido abusado por sus padres, conyuge o hijo mayor de edad?*

Has your parent, spouse, or adult child been abusive to you?

¿Si es asi, fue previo a Abril 30 del 2001?*

If so, was it before April 30, 2001?

Background

Subheading

¿Fue usted, conyuge, sus padres, pareja o sus hijos victimas de de un crimen violento en los EEUU?*

Were you, your parents, siblings, spouse, partner, or children a victim of a violent crime in the US?

¿Es usted menor de 21 años y soltero?*

Are you under 21 and not married?

¿Tiene usted un padre, conyuge o hijo menor de 15 anos con requerimientos especiales médicos (dificultades de estudio, alergias severas, asma u otra condición medica severa)?*

Do you have a parent, spouse, or child under 15 with medical or special needs (learning disability, severe allergies or asthma, or other serious medical condition)?

¿Fue usted maltratado, abusado o abandonado por sus padres?*

Did your parents mistreat, abuse, or abandon you?

Background

Subheading

¿Tenia usted 30 anos o menos en Junio, 15, 2012?*

Were you 30 years or under on June 15, 2012?

¿Tenía usted 15 años o menos en su primera entrada en los EEUU?*

Were you 15 years old or younger on your first entry into the US?

Click below now to see if you qualify!

¡Haga clic abajo ahora para ver si califica!

Free Deportation Risk Assessment

Where you ever caught at by immigration and returned to your country? (¿Dónde alguna vez te pilló inmigrando y regresaste a tu país?)*

Have you ever been arrested for any reason? (¿Alguna vez te han arrestado por alguna razón?)*

How many times have been arrested? (¿Cuántas veces han sido arrestados?)*

Were you arrested for any of the following reasons? (Check all that apply) (¿Te arrestaron por alguna de las siguientes razones?)

Have you ever filed for an immigration benefit and been denied? (¿Alguna vez ha presentado un beneficio de inmigración y se le ha negado?)*

Have you entered the US illegally more than once after 1997? (¿Ha entrado ilegalmente en los Estados Unidos más de una vez después de 1997?)*

Do you owe back child support? (¿Debes manutención infantil?)*

New Jersey Immigration Attorney

Get Instant Access

Enter your name and email address below to get instant access.

New Jersey Immigration Attorney


¡Obtenga acceso instantáneo ahora!

Ingrese su nombre y dirección de correo electrónico a continuación

Immigration Attorney

Request Your Free Copy

Solicite su copia gratuita

Immigration Book

Request Your Free Copy

Solicite su copia gratuita

Arrested in New Jersey

Request Your Free Copy

Solicite su copia gratuita

Immigration Attorney

Ask an Immigration Attorney

Ask a question or tell us about your situation, we are happy to help!