This is an important legal remedy for both permanent and non-permanent residents who are in immigration court removal/deportation proceedings. This form of relief is available for lawful permanent residents who have resided continuously in the U.S. for at least five (5) years as permanent residents and have resided continuously in the U.S. in any lawful status for at least seven (7) years. The alien must essentially demonstrate that there are more positive factors than negative to justify being allowed to stay in the United States. Generally, a lawful permanent resident must not have been convicted of an aggravated felony.

In order for a nonresident to qualify for Cancellation of Removal an alien must have resided in the U.S. continuously for ten (10) years after entering the United States without inspection (illegally). The alien must establish good moral character during the ten year period preceding the decision made. The alien must also demonstrate that his/her removal would result in exceptional and extremely unusual hardship to a qualifying relative: a U.S. citizen or lawful permanent resident parent, spouse or child residing in the U.S. The hardship requirement is a very difficult standard to meet and aliens are encouraged to retain an experience attorney to assist them in presenting this request for relief.

ICE Raids: Know your rights

ICE (Immigration and Customs Enforcement) is a Department of Homeland Security agency that investigates, detains, and removes criminal aliens. Being detained by ICE agents can have the consequences of a non-resident alien being placed into deportation procedures. Accordingly, once an individual is detained, getting legal counsel may provide the best opportunity to avoid deportation. Feel free to contact us today for a consultation.

Remember that you have constitutional rights. For example, you have the right to remain silent and do not have to answer any questions or hand any documents to an officer. Also, you have the right to deny an officer entry into your home unless they have a warrant to enter, signed by a judge or magistrate, with your name on it. Officers can not merely start searching through your belongings, you have rights.

Board of Immigration Appeals and Immigration Court

The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying immigration laws. When a person is in removal proceedings, or gets detained, an immigration bond will be set and the detainee must request an individual hearing in immigration court where the charges will be read and an immigration judge will make a decision based on the merits of the hearing.

Immigration Benefits in EOIR Removal Proceedings

The EOIR (Executive Office for Immigration Review) is part of the DOJ (Department of Justice) and they review cases of individuals in removal proceedings. Relief from removal may be granted based on processes such as adjustment of status, cancellation of removal, and waivers of inadmissibility. Eligible individuals may also seek asylum or withholding of removal, among other forms of protection.

If you find yourself in any of these situations and want to protect your rights and speak with one of our attorneys contact us for an initial consultation.