Cancellation of Removal

Cancellation of Removal

Having to appear in front of an immigration judge is a very intimidating experience.  Appearing before a judge is similar to what you see on any legal tv show, but worse.  For many reasons that will impact your chances of becoming legal in this country, please do not attend any of the hearings without an experienced immigration attorney. 

We are going to do our best to tell you what to expect during this process.  The information provided below differs slightly between the various courts, but overall, you can expect something similar.

At your Individual Hearing, which is your full-blown trial, it will be private with only you, your attorney, the judge and the Department of Homeland Security’s trial attorney, whom we refer to as the “Assistant Chief Counsel,” (ACC) whose is considered the “prosecutor.”  The court is usually always staffed with a Spanish interpreter; if you do not speak English or Spanish, you can request an interpreter in advance of your hearing. 

First, you receive a document called a “Notice to Appear” (NTA) from ICE, CBP or USCIS. This is a “charging” document that officially puts you into removal.  It lists all of the charges against you.  Near the bottom of the first page will be a date and location for you to appear in court and present yourself before an immigration judge.  If ICE or CBP gives it to you, you will be asked to sign it; if USCIS mails it to you, you will not need to sign it.  But either way, you must appear at the time and date listed.

At your first court date, which is called a “Master Calendar.” This type of hearing is only about 5 minutes.  There are many people seated and waiting to be called.  You will check in and then be seated until you are called.  Once called, you will sit at the desk next to your attorney.  The judge will read off some instructions then will ask if you are ready to do “pleadings.” If you have an attorney, that attorney will go through each and every charge on the Notice to Appear (NTA).  Your attorney will do most of the speaking; the only time you might have to speak to the judge is to confirm your name.  You must also list ALL forms of “relief,” designate the country to which you wish to return, state the amount of time you need for trial, request an interpreter, etc. 

Although it looks simple enough to either “admit” or “deny” the charges, it’s not as easy as you think. Admitting or denying the charges against you cannot be easily changed so you SHOULD NOT do pleadings without an experienced immigration attorney.  If you do not list all forms of relief at this time, they are waived. 

During the hearing, the immigration judge will give you a certain amount of time to file ALL applications of relief, often between 30 and 90 days.  At the end of the hearing, the judge will schedule your “Individual Hearing,” which is your full-blown trial date (like you see on tv).  With our law firm, there are usually only two or three Master Calendars; one for the pleadings, possibly one more to file the application (if the judge requests it), and then your Individual (trial) date. Although it depends on how busy the judge is, the time between your Master Calendar and your Individual Hearing may be one year or more.

After your first Master Calendar, you must provide a lot of information and documentation to your attorney in a very short timeframe.  Mistakes made on any application or in the supporting documentation will come back to haunt you at your trial.  Believe us when we tell you that the prosecuting attorney is extremely knowledgeable, highly experienced, extremely thorough, merciless, and relentless in getting information out of you.  A few weeks before the Individual Hearing, you will be expect to submit any additional evidence to support your case.  You are usually not allowed to admit evidence on the day of your hearing (since it does not give the ACC enough time to review and/or verify it).

At your Individual Hearing, the judge will read off some instructions and address any preliminary issues between the ACC and your attorney, including any amendments to the application(s).  Next, you will be asked to approach the judge and “take the stand” (sit in the chair right next to the judge) after which you will be placed under oath.  You will be questioned by not only the ACC and your attorney, but also directly from the judge.  Usually, you will testify first, while everyone else waits outside of the courtroom. Next, your witnesses will be called to the stand, one by one, with each one being placed under oath.  Usually you can wait in the room while this testimony is taken.  Last, your witnesses will take the stand; each one will wait outside the courtroom until they are called to testify. The trial will last long enough for you, your spouse and any witnesses to testify.  At the end of this hearing, the judge will either give you a decision on the spot, or, if the judge requires time to review the documents and testimony, will schedule another Master Calendar for you to come back and receive the decision.  When a decision is issued, you will receive the judge’s “Order” which will confirm whether you won or lost your case. If you lost, you usually have the right to appeal to the Board of Immigration Appeals (BIA), and then federal court (but your chances will be weaker on every appeal).

I Entered the Country Illegally Over 10 Years Ago. Can I Apply for a Green Card?

“Cancellation of Removal” is just one form of relief that leads to a green card.  There are several different types of applications that you can file when you are in immigration court. We are going to tell you about only three (3) of them:

  • Cancellation of Removal for Non-Permanent Residents: This is for foreign nationals who (usually enter the US without inspection) and are in the country without any immigration status. To be eligible, a foreign national must meet certain criteria, including having continuous residence in the United States for at least ten (10) years BEFORE receiving the NTA, good moral character, no disqualifying criminal convictions, and hardship to a qualifying relative.
  • Cancellation of Removal for Permanent Residents: This is specifically for green card holders (permanent residents). To be eligible for cancellation of removal, a permanent resident must meet certain criteria, including having been a lawful permanent resident for at least five years, continuous residence in the United States for at least seven years, and no conviction of an aggravated felony.
  • Violence Against Women: Be an intended, former, or abused spouse, child, or non-abusive parent of a U.S. permanent resident or citizen. To be eligible, a foreign national must meet certain criteria, including proving physical or emotional abuse by the U.S. citizen or permanent resident, physical presence in the United States for at least three years before applying, demonstrate good moral character and extreme hardship.

One major benefit of Cancellation of Removal is that you can apply for a work permit (EAD) and social security card after you apply. 

To find out more about Cancellation of Removal, or other forms of relief, please schedule a consultation.