Cancellation of Removal for Non-LPRs

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Cancellation of Removal for Non-LPRs

• A Case Study

Immigration Attorney Carl Shusterman
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Cancellation Requirement

• Ten Years Continuous Residence in the US
• Good Moral Character
• Exceptional and Extremely Unusual Hardship

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The Cabrera Family

• Parents Undocumented
• Two US Citizen Daughters
• Three Parents with Green Cards

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Hearing Before Immigration Judge

• Judge Finds that Requirements Met
• Judge Approves Applications
• Government Appeals

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BIA ReverseS Judge

• Not Enough Hardship
• Ordered Voluntary Departure
• No Appeal Rights?

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Meet the Press

• Press Conference
• Private Bills Introduced in Congress
• Senator Feinstein/ Rep. Roybal-Allard

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Appeal to 9th Circuit Court of Appeals

• Do They Have Jurisdiction?
• Judge Never Granted Voluntary Departure
• Government Asks Court to Remand Case

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Take Two

• Master Calendar Hearing
• Government Agrees to New Hearing
• Judge Schedules New Merits Hearing

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Judge Grants Cancellation (Again)

• New Evidence
• Seven Witnesses
• Will Government Appeal (again)?

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Cancellation of Appeal

• LA Times Reporter No New Story
• An Idea is Born in Quito
• Government Decides Not to Appeal

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Questions?