Call Us Today:
(202) 862-4360

Deportation Cancellation of Removal Attorneys

Cancellation of Removal

When facing deportation, many become overwhelmed and confused by the legal proceedings that constitute the removal process. The team at the Federal Practice group has years of experience fighting deportation cases, and knows how to find the best strategy for your case.  When seeking relief, one common route taken by those threatened with deportation is to file for Cancellation of Removal.  This process was created 1996 with the Illegal Immigration Reform and Responsibility Act.  An application for Cancellation of Removal allows those heading to Immigration Court to advocate against his or her deportation from the country.  

Options Available for Cancellation of Removal Proceedings:

Lawful Permanent Residents:

To be eligible for Cancellation of Removal as a Lawful Permanent Resident, an applicant must prove that he/she:

  1. Has possessed lawful permanent residence status for at least five years
  2. Has resided in the U.S. continuously for at least seven years
  3. Has not been convicted of any “aggravated felony”

To be eligible for Cancellation of Removal as a Non-Permanent Resident (undocumented, nonimmigrant, etc.), an applicant must prove that he/she:

  1. Has been physically living in the U.S. for ten years prior to the date of filing
  2. Has been a person of good moral character during those ten years. There can be no criminal record
  3. Is clean of deportable criminal crimes, crimes of moral turpitude, substance violations, or documentary fraud
  4. The consequences of removal would cause exceptional hardship to the spouse, child, or parent of the foreign national. The spouse, child, or parent must be U.S. citizens or Lawful Permanent Residents (LPRs)

Alternatively, a non-permanent resident can qualify to have removal canceled upon showing that:

  • You or your child have suffered extreme cruelty at the hands of a spouse or parent
  • You have been in the U.S. for three years continuously before you received your Notice to Appear
  • You can be considered a person of good moral character according to the USCIS for that entire three-year period
  • You are not inadmissible or not deportable according to the regulations
  • You have not committed or been convicted of an aggravated felony
  • If you are removed, it would mean extreme hardship for you and/or your child
  • Your child is being deported and removal would cause extreme hardship to you or the child

Applying for Cancellation of Removal

The U.S. Department of Justice provides two separate forms for permanent residents and non-permanent residents. It is important to read the form in its entirety.  The information it contains is extremely important.

Upon submitting your application, you need to provide biometric and biographic information to the United States Citizen and Immigration Services (USCIS), as required by the Department of Homeland Security (DHS). DHS requires that you send a copy of your application to the appropriate USCIS Service Center.

You must then provide the following documents to the Assistant Chief Counsel for the DHS, U.S. Immigration and Customs Enforcement (ICE).  The required documents vary depending on your residence status.

As a Permanent Resident:

  • A copy of your Form EOIR-42A, Application for Cancellation of Removal, with all supporting documents
  • A copy of the USCIS ASC notice of fee receipt and biometrics appointment instructions
  • The original Biographical Information Form G-325A.
  • You must file the following documents with the appropriate Immigration Court
  • The original Form EOIR-42A with all supporting documents and additional sheets
  • A copy of the USCIS ASC notice of fee receipt and biometrics appointment instructions
  • A copy of the Biographical Information Form G-325A
  • A completed certificate showing service of these documents on the ICE Assistant Chief Counsel, unless service is made on the record at the hearing

As a Non-Permanent Resident:

The requirements are similar, however a non-permanent resident must also provide:

  • A photograph (identification)
  • A copy of the Form EOIR-42B
  • Application for Cancellation of Removal

Application Review

Applications for Cancellation of Removal are decided by the Immigration Judge’s discretion, meaning it is largely up to him/her whether your submission will be approved. When considering your application, the judge may weigh the following when evaluating your cancellation:

  • Length of residence in the United States
  • Your relationship to your family and community
  • Community service or volunteer work
  • Participation in community club events or religious gatherings
  • Employment history
  • Military participation
  • Responsible tax practices
  • Acceptance of past crimes

How Our Immigration Team Can Help:

Our immigration team has extensive experience in removal proceedings.  We have consistently obtained relief for our clients before an Immigration Court, and our attorneys are prepared to fight for your case during this potentially life-changing process.  Though the process may be daunting, the experts on our team can provide invaluable insight into the nuances of the United States legal system. Contact the Federal Practice Group for more information on how our team can assist you in obtaining Cancellation of Removal relief before an Immigration Judge.

 

Rajan O. Dhungana

Rajan O. Dhungana is a Partner with the Federal Practice Group. He has been practicing primarily in immigration law with extensive trial experience, having won a majority of his cases that have gone to trial. In addition to immigration and trial work, Mr. Dhungana has appealed cases to the Nevada Supreme Court as well as the Ninth Circuit Court of Appeals.

Prior to law school, Mr. Dhungana worked extensively in Food and Beverage, Beer distribution and import, Wine distribution and import, and spirits distribution and import. He successfully owned and operated three restaurants in Las Vegas, Nevada, Santa Fe, New Mexico and Durango, Colorado before transitioning to a legal career. Mr. Dhungana has substantial experience in Food, Beverage and Alcohol Law and has successfully represented breweries, wineries, distilleries, distributors, importers, restaurants and liquor stores.

Alcoholic beverages law is unique in the American legal landscape in that it is the only trade product explicitly mentioned in the US constitution, and one of the few products where regulation is primarily under the purview of the individual states vs the federal government. Mr. Dhungana has extensive personal experience navigating the legal landscape in California, Nevada, Colorado and Washington States.  He and his team at the Federal Practice Group can help you navigate the complexities of liquor beverage laws throughout the United States.

In addition, Mr. Dhungana and the Federal Practice Group is well-versed in employment issues relating to Food, beverage, or alcohol sales businesses, and can guide clients through immigration laws in the event a business wants to bring talented sommeliers, vintners, brewmasters, distillers, or cicerones to the United States from abroad.

He is fluent in Nepali and Tagalog, having been born in the Philippines and having grown up in Nepal. He is also fluent in Hindi, Norwegian, and Swedish.

Mr. Dhungana graduated from the University of California, Los Angeles (UCLA) then subsequently attended and graduated from the University of Nevada, Las Vegas (UNLV) William S. Boyd School of Law. During his time in law school, Mr. Dhungana established and organized UNLV’s Volunteer Income Tax Assistance (VITA) program in conjunction with the Internal Revenue Service, and taught tax classes in the greater Las Vegas community, as well as at Nellis U.S. Air Force base, for which Mr. Dhungana earned the Dean’s Award for individual contributions and accomplishments of note to the community.

Archana Joshi

Ms. Joshi is an Associate with the Federal Practice Group.  Her main practice focuses on immigration law.

Prior to joining the Federal Practice Group, Ms. Joshi  worked for a California based law firm, where she represented clients in master hearings before EOIR in asylum cases, prepared applications for work permits and other applications for filing with USCIS, prepared filings for the EOIR and USCIS and assisted in review and translation of declarations in asylum cases.

Ms. Joshi’s other experience includes Pro Bono work at various legal clinics, including the Veterans Legal Institute where she assisted the staff attorney with discharge upgrade applications and appeal briefs.  She also volunteered with bankruptcy clinics, local community legal clinics and the National Guard Armory Shelter, conducting client interviews and intake, reviewing documents and participating in legal assessments, responses and communications under experienced attorneys.

Ms. Joshi is fluent in Hindi, Marathi, Gujrati, and English. Ms. Joshi also has extensive experience volunteering in her local community and is passionate about empowering through education. She is trained as a Domestic Violence Advocate in California and has experience in Domestic Violence Advocacy through a non-profit organization.

Ms. Joshi earned her Juris Doctorate from Northwestern California University School of Law. She received her Master’s of Business Administration from Webster University in California and her Bachelor’s Degree in Engineering (Industrial Electronics) in India.

7612

Fighting for Justice

Connect with us in our D.C., Oklahoma, or California offices by calling the office number below. We'll provide you with the guidance and representation you need.

Do You Want to...
Address:
114 Troutman Street
Suite 319
Brooklyn, NY, 91321
1750 K Street, NW
9th Floor
Washington, DC 20006
(202) 862-4360

© 2011-2023 The Federal Practice Group
SEO for Lawyers Powered by Matador Solutions

uploadmagnifiercrossmenuchevron-up