Cancellation of Removal

An immigration judge has the discretion to grant a motion for the “Cancellation of Removal.” The judge can choose to grant this request, based on the merits of a specific case.

“Removal” is a new term now used for all procedures,which were previously identified as “deportation.”

Although, there are general rules for removal that all immigration judges follow, the judge has the discretion to make an independent decision based on the details and circumstances that lead to the order of removal in the first place.

Some of the things that increase the chances of succeeding in having the judge grant a motion for cancelation of removal are proof of other family members living legally in the United States and that a removal will cause great hardship to those left behind.

Owning property, owning and running a small business, and being of good moral character, with no criminal record of convictions is also helpful in getting a cancelation of removal.

Presenting the Case Before the Immigration Judge

To have a chance of succeeding in getting a cancellation of removal, it is critical to have representation from a good immigration attorney. Your attorney will explain the circumstances to the judge and submit evidence properly in support of your request.

It is a very serious matter when an order for removal is enforced because it usually prevents the person from returning to the United States permanently.

There are also special situations which serve as the basis for a request for cancellation of removal, such as various programs for refugees from certain countries, and programs for battered spouses, children, and parents. There are many other special circumstances, which may apply.

Your immigration attorney will learn all about your background to determine if any of these special circumstances apply to your case. If you qualify for a special program, your immigration attorney will help you file the correct form needed to qualify for cancellation of removal based on special programs.

What Happens if the Motion to Cancel Removal is Denied by the Judge?

Three possibilities may occur. If there are grounds for an appeal of the judge’s ruling, an appeal may be made. If no possibility of appeal exists or if the appeal is attempted and is also denied, then the person must report to the proper place for removal from the United States by the Department of U.S. Immigration and Customs Enforcement.

If you have the means to pay your own transport to leave the United States, your immigration attorney may make one final attempt on your behalf. Your attorney may request cancellation of removal based on your agreement to leave the United States voluntarily within a specific time. The advantage of this voluntary leaving is that future visits to the United States remain a possibility.

Cancellation of removal is a complex and critical issue, so be sure to consult with an attorney as soon as you have received an order for removal.

Reference

Cancellation of Removal Link