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CANCELLATION OF REMOVAL FOR NON - LPRS A Case Study Immigration Attorney Carl Shusterman

Cancellation of Removal for Non-LPRs

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Page 1: Cancellation of Removal for Non-LPRs

CANCELLATION OF REMOVAL

FOR NON-LPRS

A Case Study

Immigration Attorney

Carl Shusterman

Page 2: Cancellation of Removal for Non-LPRs

CANCELLATION REQUIREMENT

Ten Years Continuous Residence in the US

Good Moral Character

Exceptional and Extremely Unusual Hardship

Page 3: Cancellation of Removal for Non-LPRs

THE CABRERA FAMILY

Parents

Undocumented

Two US Citizen

Daughters

Three Parents with

Green Cards

Page 4: Cancellation of Removal for Non-LPRs

HEARING BEFORE IMMIGRATION JUDGE

Judge Finds that

Requirements Met

Judge Approves

Applications

Government Appeals

Page 5: Cancellation of Removal for Non-LPRs

BIA REVERSES JUDGE

Not Enough Hardship

Ordered Voluntary Departure

No Appeal Rights?

Page 6: Cancellation of Removal for Non-LPRs

MEET THE PRESS

Press Conference

Private Bills Introduced in Congress

Senator Feinstein/ Rep. Roybal-Allard

Page 7: Cancellation of Removal for Non-LPRs

APPEAL TO 9TH CIRCUIT COURT OF APPEALS

Do They Have Jurisdiction?

Judge Never Granted Voluntary Departure

Government Asks Court to Remand Case

Page 8: Cancellation of Removal for Non-LPRs

TAKE TWO

Master Calendar Hearing

Government Agrees to New

Hearing

Judge Schedules New

Merits Hearing

Page 9: Cancellation of Removal for Non-LPRs

JUDGE GRANTS CANCELLATION (AGAIN)

New Evidence

Seven Witnesses

Will Government

Appeal (again)?

Page 10: Cancellation of Removal for Non-LPRs

CANCELLATION OF APPEAL

LA Times Reporter:

No New Story

An Idea is Born in

Quito

Government Decides

Not to Appeal

Page 11: Cancellation of Removal for Non-LPRs

QUESTIONS?