CANCELLATION OF REMOVAL
The most common form of relief for permanent residents is cancellation of removal.
Section 240A(a) of the INA states as follows:
The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-
(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,
(2) has resided in the United States continuously for 7 years after having been admitted in any status, and
(3) has not been convicted of an aggravated felony.
To prove a respondent is eligible for cancellation of removal, cases such as Matter of Marin, 16 I&N Dec. 581 (BIA 1978) and Matter of Wadud, 19 I&N Dec. 182 (BIA 1984) that were utilized in Section 212(c) cases can be used to prove cancellation of removal relief. See Matter of C-V-T-, 22 I&N Dec. 7 (BIA 1998). These criteria are:
a. Positive Factors:
(1) Family ties within the U.S.;
(2) Residency of long duration in this country;
(3) Evidence of hardship to the respondent and family if deportation occurs;
(4) Service in the armed forces;
(5) History of employment;
(6) Existence of value and service to the community;
(7) Existence of value and service to the community;
(8) Proof of genuine rehabilitation if a criminal record exists;
(9) Evidence attesting to a respondent's good character;
b. Negative Factors:
(1) Nature and underlying circumstances of exclusion grounds;
(2) Additional significant violations of INA;
(3) Existence of criminal record;
(4) Other evidence of bad character of undesirability.
It is very important that when presenting a case for cancellation of removal, the applicant files a much evidence to show the positive equities in his or her case. It is also very important to gather all negative evidence so that the applicant is prepared to answer any questions at trial.
If you or someone you know is in need of an experienced immigration attorney, please call me so that we can discuss you case.