10 Cancellation of Removal 10 Cancellation of Removal
10.1 Procedure and Requirements 10.1 Procedure and Requirements
INA § 240A: "Cancellation of Removal" INA § 240A: "Cancellation of Removal"
Focus on (a) LPR cancellation (b)(1) Non-LPR cancellation (d) Continuous residence or physical presence
8 USC § 1229b
INA § 101(f): "Good Moral Character Bars" INA § 101(f): "Good Moral Character Bars"
8 USC § 1101
10.1.1. USCIS: Immigration Benefits in EOIR Removal Proceedings
10.1.2. [ Syracuse TRAC: Training Course on Cancellation of Removal ]
Note: This link only includes odd numbered pages. Get what you can from this, and I'll explain the rest in class.
10.1.3. CLINIC: Pereira v. Sessions (U.S. 2018) & Niz Chavez v. Garland (U.S. 2021)
10.1.4. DOJ: Application for Cancellation of Removal
10.1.5. USCIS: Continuous Residence Requirement
10.1.6. USCIS: Physical Presence Requirement
10.2 Voluntary Departure 10.2 Voluntary Departure
INA § 240B: "Voluntary Departure" INA § 240B: "Voluntary Departure"
8 USC § 1229c
8 CFR § 1240.26: "Voluntary Departure" 8 CFR § 1240.26: "Voluntary Departure"
10.2.1. Immigration Equality: Voluntary Departure
10.3 Cancellation Hypos 10.3 Cancellation Hypos
10.3.1 * Cancellation Hypo (Truman Show) * 10.3.1 * Cancellation Hypo (Truman Show) *
Cancellation of Removal Hypo
2020 Exam, Question #6 (40 minutes)
(The Truman Show)
Truman Burbank was admitted to the U.S. as a B2 visitor in January 2014. He adjusted his status in January 2018 and became an LPR.
Truman is alleged to have committed a deportable offense that is not an aggravated felony in March 2021. He was convicted in April 2021 and received a 3-month sentence.
An NTA issued this month in August 2021, so Truman is now in removal proceedings. Because of the long backlog in immigration court, his next court date is in July 2023.
Truman wants to apply for LPR Cancellation of Removal, i.e., Cancellation Part A only. Is he eligible?
10.3.2 * Cancellation Hypo (Magnolia) * 10.3.2 * Cancellation Hypo (Magnolia) *
Cancellation of Removal Hypo
2019 Exam, Question #2 (39 minutes)
(Magnolia)
Earl is a noncitizen from Norway who entered the U.S. without inspection on January 1, 2009. He was a student in Canada and came across the U.S. border undetected. He has been living here since, never left since his arrival, and never committed any crimes.
In 2016, he began a relationship with Linda, a U.S. citizen. They had a child together, Frank, in 2017. Earl and Linda never married. Frank was born premature and has severe health problems. Frank is treated at Children’s Hospital in Boston, the only hospital in the world that can help him.
Earl was arrested last month in an ICE raid at a homeless shelter where he worked. He was placed in removal proceedings and served with a Notice to Appear (NTA) on August 1, 2019.
- Questions: What is Earl’s best option to remain in the U.S. and why? If successful, what would he receive?
10.3.3 * Cancellation Hypo (Return of the Jedi) * 10.3.3 * Cancellation Hypo (Return of the Jedi) *
Crimmigration Hypo
2018 Exam, Question #2 (30 minutes)
(The Return of the Jedi)
Facts: Luke entered the US from Russia as a small child and has been an LPR since 1980. He has never left the US since first entering.
In 2001, he was convicted of larceny under New Hampshire law. He received a suspended sentence of 90 days.
In 2016, he broke into a friend’s car and stole a $1,000 laptop. He was convicted for burglary under New Hampshire law and received a two-year sentence:
NH Code 713.1. Burglary: Any person, having the intent to commit a felony, assault, or theft therein, who enters or breaks an occupied structure, such occupied structure not being open to the public, commits burglary.
NH Code 702.12. Occupied Structure: An “occupied structure” is any building, structure, land vehicle, water vehicle, or air vehicle. Such a structure is “occupied” whether or not a person is actually present.
Under federal law, the generic definition of a burglary is “an unlawful or unprivileged entry into, or remaining in, a building, with intent to commit a crime.”
Upon Luke’s release from state custody on the burglary conviction, he was arrested by ICE and put into removal proceedings.
- Questions:
- Is Luke removable?
- (you already answered this during crimmigration section)
- If so, does he have any relief?
- Is Luke removable?
10.3.4 * Cancellation Hypo (Dark Knight) * 10.3.4 * Cancellation Hypo (Dark Knight) *
Cancellation of Removal Hypo
2020 Exam, Question #3 (60 minutes)
(The Dark Knight)
Bruce Wayne entered the U.S. without inspection on January 1, 2011. He has been in the U.S. ever since. He has no lawful immigration status.
On June 1, 2020, Bruce shoplifted from a convenience store owned by his sister, Rachel, and was arrested. On February 1, 2021, he went to trial and was convicted. He served six months in prison and was released on August 1, 2021. That day, DHS picked him up and issued a Notice to Appear (NTA).
Rachel is a Lawful Permanent Resident (LPR) but has no interest in sponsoring Bruce for immigration status. Bruce’s father, Thomas, is a U.S. Citizen but Bruce has no relationship with him. Bruce used to drink alcohol to excess and was addicted to gambling but quit both after his shoplifting arrest.
- What grounds of removability can the Department of Homeland Security (DHS) charge Bruce with in the Notice to Appear (NTA)? Please list all that apply.
- (you already answered this during the crimmigration section)
- Bruce is in immigration court today: August 11, 2021. Is he eligible for cancellation of removal? Why or why not?