CASE: Cancellation of Removal for Permanent Residents
CLIENT: Chinese (Green card holder)
LOCATION: Cleveland Immigration Court in Ohio
Our client came to the United States in 1991. He was granted asylum he got his green card in February 1993. He has been in the US ever since. He has a US Citizen wife, three U.S. Citizen children, and most of his immediate family members are either U.S. Citizens or green card holders.
Unfortunately he was convicted of felonious assault in 2000. In 2013, he went on an international trip and was stopped by the CBP officer at the port of entry upon his return to the U.S. Because of this conviction, he was inadmissible and was placed in removal proceedings. In October 2013, our client contacted our office for legal representation. We were retained on October 15, 2013.
Once retained, we represented our client before Cleveland Immigration Court for his initial master calendar hearing on March 5, 2014. Attorney Sung Hee (Glen) Yu represented him at the hearing and sought cancellation of removal relief for permanent residents.
Under INA Section 240A(a), for a permanent resident to be eligible for Cancellation of Removal, the alien must prove that s/he:
- Has been an LPR (green card holder) for at least five years;
- Has resided in the United States continuously for seven years after having been admitted in any status;
- Has not been convicted of an aggravated felony; and
- Merits a favorable exercise of discretion.
The criteria for favorable exercise of discretion was explained in Matter of C-V-T-, 22 I&N Dec. 7 (BIA 1998). The BIA in C-V-T stated that the factors that the immigration judge must consider when deciding whether to grant cancellation of removal to a lawful permanent resident are as follows:
The positive factors are:
- Family ties in the United States, particularly ties to lawful permanent residents or U.S. citizens;
- Residence of long duration in the U.S. (particularly when the inception of residence occurred at a young age);
- Evidence of hardship to the Respondent and his family if deportation occurs;
- Service in the U.S. armed forces;
- A history of employment;
- Existence of property or business ties;
- Evidence of value and service to the community;
- Proof of genuine rehabilitation if a criminal record exists;
- Other evidence attesting to a Respondent’s good character.
Adverse factors include:
- Nature and underlying circumstances of the grounds of removal;
- The presence of additional significant violations of the Immigration Laws;
- The nature, recency, and seriousness of criminal records; and
- The presence of other evidence has been indicative of a respondent’s bad character or undesirability as a permanent resident of the U.S.
Generally, the immigration judge must weigh the positive factors against the negative factors in exercising her discretion.
After the Master Calendar Hearing, the Court scheduled the individual hearing. However, the case was re-scheduled multiple times and was finally scheduled on October 14, 2021.
Our firm worked with our client and his friends and family members for the application and supplemental documents. We contacted his family members in other states for supporting documents and letters of support for our client’s case. Some even flew from out of state for the Individual Hearing.
In preparing our client for the Individual Hearing, Attorney Yu and Ms. Arty Wyneski (our senior paralegal) talked to our client in our office for several hours each time. Obviously the central issue in this case would be whether or not our client’s positive factors outweigh the negative factors. Our firm eventually was able to gather supporting documents and prepared supplemental evidence with multiple exhibits, and arranged them pursuant to the specific elements of Cancellation of Removal eligibility.
At the Individual Hearing on October 14, 2021, Attorney Yu represented our client at the Cleveland Immigration Court in Ohio. Testimony then followed and we questioned our client extensively on the positive factors of his case. Attorney Yu questioned him regarding his length of residence in the U.S., employment history, family issues and hardships to him and his family members (especially his US citizen wife) if he was to be deported to China. Our client was prepared, was very consistent, and was honest in his answers.
In the end, the Cleveland Immigration Court granted our client’s cancellation of removal relief. It was a tough call and our firm was very happy for our client. He has been here since 1991 but had one bump along the way. He has reformed and will continue supporting his family.