In order for a person in removal proceedings to qualify for cancellation of removal, he/she must meet the following requirements:
1. Have resided in the US for the past 10 years;
2. Be a person of good moral character; and
3. Demonstrate that certain qualifying relatives would suffer “exceptional and extreme unusual hardship” if the person is forced to leave the US.
Most of the battle in Immigration Court over whether someone is qualified
for cancellation of removal revolves around the hardship requirement. The hardship must be to a spouse, parent or child who is a US citizen or a lawful permanent resident.
What follows are the legal documents in a successful cancellation of removal case which we prepared for the Cabrera family. After a five-year intensive battle, the Cabreras were granted green cards.
A Life Changing Law Firm
“My family and I were clients of Mr. Carl Shusterman and I can honestly say that he had a tremendous impact on our lives – a very positive one. Even when my parents had been denied and they had been told to pack and get out of this country, Mr. Shusterman rushed to find an alternative in order to ensure that my parents could stay.”
- Diana Cabrera, Reno, Nevada
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- Cabrera Family Wins Right to Remain in the U.S. (2007)
- VICTORY! Judge’s Decision Granting the Cabreras’ Application for Cancellation of Removal (January 18, 2007)
- Court Order Granting Respondent’s Motion to Remand (April 11, 2005)
- Respondent’s Motion to Remand (February 9, 2005)
- BIA Dismisses Motion to Reconsider (June 18, 2004)
- Federal Court Grants Stay of Removal and Denies Government’s Motion to Dismiss (May 20, 2004)
- Government’s Motion to Dismiss (January 16, 2004)
- Private Bill Introduced in Senate – S. 1985 (December 9, 2003)
- Private Bill Introduced in House of Representatives – H.R. 3700 (December 8, 2003)
- Immigration Policy Becomes Family Matter – LA Times (October 27, 2003)
- Immigration Judge’s Decision & BIA Reversal
Cancellation of Removal Links
- Application for Cancellation Removal (EOIR)
- Green Card Through Cancellation of Removal (Non-LPR): Who Qualifies?
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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