What is a Cancellation of Removal?

This video features Cory Forman, an Immigration Law attorney based in New York.

New York Immigration Attorney Explains How to Stop Deportation

Video Transcript:

Cory Forman: 

It depends on the basis of removability, why the person is removable, as well as their individual circumstances, including the length of time in the US, whether or not they have criminal convictions, and the nature of those convictions.

Tom Mustin: 

If you're facing deportation, do you qualify for cancellation of removal? We're gonna talk to New York immigration attorney, Cory Forman about that, on today's episode of Ask The Lawyer. Cory, thanks for joining us today.

Cory Forman: 

Thanks so much for having me, Tom. Glad to be here.

Tom Mustin: When a person is facing deportation, what are some routes they can take to potentially stay in the country, Cory?

Cory Forman: 

Well, it depends on the person's individual circumstances. There's two main issues in every removal proceeding. The first is, is the person deportable? And if they are, the second question is, are they eligible for relief? There are... Forms of relief, depending on anyone's circumstances, include cancellation of removal, there's a 212(h) waiver, there's fraud waivers. It depends on the basis of removability, why the person is removable, as well as their individual circumstances, including the length of time in the US, whether or not they have criminal convictions, and the nature of those convictions.

Tom Mustin: 

So Cory, if you don't have a defense against the immigration law violation, what other options are there available?

Cory Forman: 

Well, if removability is easily established, if you don't have any legal status, then it's easy for the government to prove removability, you have to apply for a waiver. If there's one available to you, if you're eligible for cancellation of removal, if you're eligible for a 212(h) waiver, if you're eligible for a fraud-based waiver, it all depends on the individual circumstances of your case and the nature of removability. If you're not eligible for a waiver, under current guidance, based on current presidential administration policy, you can seek to have ICE dismiss your case as a non-priority case, and the reason they're doing that is they're trying to get rid of the insanely large immigration court backlog.

Tom Mustin: 

So you were talking about cancellation of removal, Cory. What are the two different types of cancellation of removal, and can a person who's accused of a crime actually use that as a defense?

Cory Forman: 

Well, for one of them, yes. There's two types. One is for someone who's here with no status whatsoever. That cancellation of removal is based on the person having been here for 10 years, having the ability to show they're a person of good moral character, and most importantly, that their removal would result in the extreme and unusual hardship of a US citizen or a lawful permanent resident's spouse, parent or child. The second type of cancellation of removal is strictly for those who are lawful permanent residents, and those are for permanent residents who have been convicted of certain crimes. The qualifications there are that the person's been a green card holder for five years, has been in the United States for seven years before committing the crime, and most importantly, that they have not been convicted of an aggravated felony. An aggregated felony is the type of crime that will disqualify you from not only cancellation of removal, but almost any form of relief from removal. Two very distinct kinds of cancellation of removal, but they're designated for different categories of non-citizens.

Tom Mustin: 

And you were just talking about exceptional and extremely unusual hardship. Tell us what that means, and give us some examples of that.

Cory Forman: 

Well, it means... It's a little draconian in some ways, because it's gotta be more than hardship because the family is ripped apart, although, to me, that's clearly exceptional and unusual. There's a lot of case law on the subject. It has to be exactly what it says. There has to be an exceptional and unusual hardship imposed on the qualifying relative. Oftentimes, this is gonna be a financial burden, a medical burden, something to show that the person can not possibly live in the United States without the non-citizen. You also have to show that there would be just as much of a hardship for that person to leave with the non-citizen. Why can't they go and depart the United States? Again, a lot of this is very draconian sounding, and in my opinion it is, but it is a high burden.

Tom Mustin: 

Well, a lot of really great information, Cory. Thank you so much for joining us today.

Cory Forman: 

Thanks so much, Tom. I appreciate it.

Tom Mustin: 

That's gonna do it for this episode of Ask The Lawyer. My guest has been Cory Forman. If you'd like to ask Cory questions about your situation, call the number you see on this video. Thanks for watching. I'm Tom Mustin, for Ask The Lawyers.

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