For a myriad of reasons, people find themselves in deportation or removal proceedings. In these proceedings the Immigration and Naturalization Service tries to deport you from the United States. There are many ways of winning a deportation or removal case. Many factors depend upon how long you have been here in the United States, your family relationships, or whether you have a past criminal history. Our law represents numerous people in deportation proceeding. These people come from around the world. We will do everything possible so that you or your loved one does not get separated across international borders. It is crucially important that you get legal representation as soon as possible to avoid adverse consequences of saying something in Immigration Court that will damage the outcome of the case.
Our law firm prepares each and every kind of appeal regarding all types of petitions and applications under the Immigration and Nationality Act. Appeals can be made from the Immigration Court, the Bureau of Citizenship and Immigration Services, the Department of State, the Department of Labor and many more. Appeals go to many different types of entities. Depending on where the original denial came from, appeals can go to the Board of Immigration Appeals, the Board of Alien Labor Certification Appeals, the Administrative Appeals Unit, various Federal District Courts, various Federal Appellate Circuit Courts and the United States Supreme Court. Appeals are extremely time sensitive. This means that if the appeal is sent one day late, you will have probably lost all chances to ever appeal the decision. Our law firm can get the appeal out in an expedited timely manner to ensure that you are protected.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996included restrictions on federal judicial review of deportation, exclusion and removal cases. Former INA § 106, passed in 1961 by the United States Congress,had provided the basis for judicial review of immigration matters until its elimination by IIRIRA which replaced it with INA § 242, [8 U.S.C.A. § 1252].
After the passage of IIRIRA, different procedures were created for judicial review of removal orders, including exclusion or deportation orders, and for immigration decisions generally. Decisions regarding judicial review of removal orders are now subject to INA § 242 [8 U.S.C.A. § 1252]. Review of immigration decisions outside of removal proceedings are governed by 28 U.S.C.A. § 1331 and the provisions of the Administrative Procedures Act and occur in the District Courts.
Judicial review of immigration decisions can be divided into three categories depending on the date of commencement of proceedings or issuance of a final order. If a person had a final order of deportation or exclusion entered before October 30, 1996, judicial review was governed by former INA § 106. Deportation or exclusion cases which were commenced on or before October 30, 1996—but where no final deportation or exclusion order had yet been issued—are subject to the transition rules under IIRIRA.Judicial review of post-IIRIRA removal proceedings initiated on or after April 1, 1997 are governed by INA § 242 [8 U.S.C.A. § 1252] which provide limited judicial review of many immigration matters.Except as provided in INA § 242(b) [8 U.S.C.A. § 1252(b)] (requirements for review of removal orders), judicial review of a final order of removal is governed by Chapter 158 of Title 28 of the United States Code, except that courts may not order taking of additional evidence under 28 U.S.C.A. § 2347(c). However, there are matters not subject to judicial review as outlined in INA § 242(a)(2) [8 U.S.C.A. § 1252(a)(2)]. Generally, judicial review of an order of removal lies with the circuit courts of appeals.
Under several provisions contained in IIRIRA, the United States Congress sought to simplify and expedite the removal of aliens, including either eliminating or severely limiting judicial review of immigration decisions as follows:
(1) elimination or limitation of judicial review under INA § 242 [8 U.S.C.A. § 1252]: this provision contains a variety of court stripping or limiting provisions;
(2) elimination of review regarding discretionary decisions relating to detention, or release, including the grant, revocation or denial of bond or parole; (3) elimination of review of decisions of the Attorney General or his or her successor regarding voluntary departure; (4) elimination of challenges against the United States or its agencies or officers under INA § 279 [8 U.S.C.A. § 1329]; (5) restriction on judicial review of certain legalization claims other than in the context of review of a final order of deportation or removal unless the person filed within the original deadline or was refused ("front-desked") by the legacy INS at the time and (6) restriction on review of the denial of the right to seek asylum because the applicant; (a) could seek protection in a safe third country;
(b) was previously denied asylum; (c) did not file the application within one year of entry; or (d) is deemed to be a terrorist. Despite the restrictions created by IIRIRA precluding judicial review of a broad range of immigration related matters, federal courts still retain jurisdiction to review jurisdictional facts and determine the proper scope, if any, of its own jurisdiction.
Generally, petitioners must exhaust all administrative remedies prior to requesting review of a final order. Additionally, petitioners must comply with general Article III requirements relating to subject matter jurisdiction, standing, ripeness, mootness and the political question doctrine. These and the other bars to judicial review noted above must be addressed prior to reaching the merits of a case
Removal is a proceeding used to enforce the departure of inadmissible persons seeking admission or of persons who have been admitted to the United States but are deportable. Provisions contained in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 altered previous exclusion and deportation proceedings and established the following removal procedures:
(1) removal proceedings under INA § 240 for persons determined to be seeking admission and for all other persons in the United States subject to the grounds of inadmissibility under INA § 212 and grounds of deportation under INA § 237. The former distinction between exclusion proceedings—for those seeking admission—and deportation proceedings—for those already admitted to the United States—was eliminated;
(2) expedited removal under INA § 235(b)(1) for immigrants and nonimmigrants who, at the border, do not have proper documentation or who commit a material misrepresentation at entry, with certain exceptions; (3) special removal procedures for suspected terrorist aliens considered to be a threat to foreign security under INA § 235(c) ; (4) removal procedures for stowaways under INA § 235(a)(2)(B). Any alien in and admitted to the United States is subject to removal if the alien is within one or more of the statutory classes of deportable aliens. To be deportable, an alien must have made an "entry" into the United States; to be inadmissible, an alien need only seek to enter the United States.
An alien who enters without inspection and then adjusts status to that of an alien lawfully admitted to permanent residence under INA § 245A has accomplished an "admission" to the U.S. as that term is used in INA § 237(a)(2)(A)(iii) which provides that any alien who is convicted of an aggravated felony at any time after admission is deportable.
Observation: The President must transmit to the Congress, not later than January 1, 1989, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report to include a reasonable estimate, inter alia, of aliens who became deportable during the period under INA § 237 ] Although the term "illegal alien" is not defined in INA § 101 , an alien in the United States without authorization is an illegal alien subject to deportation.
Observation: Because the federal government has exclusive authority over immigration matters, that portion of a state court order which requires an alien to agree to deportation as a condition of probation is preempted by the Supremacy Clause and unenforceable. An issue resolved by a final judgement in a removal proceeding may not be relitigated. For example, an immigration judges initial decision at a removal hearing that the government has failed to proved that a noncitizen is an alien and deportable is res judicata and acts to bar the government from seeking to remove the petitioner based on matters resolved in that proceeding. However, a litigation error by the government, resulting in an adverse determination on alienage during a removal hearing does not preclude the government from thereafter seeking to remove a noncitizen for subsequent criminal acts.[
Aliens are subject to removal from the United States for the following grounds of deportation:
• Status violations: Persons who violate their immigration status in the United States may be subject to removal. Persons inadmissible at the time of entry are subject to removal under INA § 237(a)(1)(A) [8 U.S.C.A. § 1227(a)(1)(A)], which incorporates all of the grounds of inadmissibility. Additionally, persons in the United States in violation of the Immigration and Nationality Act or any other law of the United States are subject to removal INA § 237(a)(1)(B) [8 U.S.C.A. § 1227(a)(1)(B)]. For example, persons who remain in the United States longer than authorized and persons who enter the United States without inspection are within this group. Persons who fail to maintain non-immigrant status have violated their immigration status and are subject to removal. INA § 237(a)(1)(C) [8 U.S.C.A. § 1227(a)(1)(C)]. Under this provision, failure to maintain non-immigrant status and failure to comply with the terms, conditions and controls imposed under INA § 212(g) [8 U.S.C.A. § 1182(g)], concerning waivers for persons with communicable or physical or mental disorders, constitute deportable offenses. Aliens whose conditional permanent residence has been terminated are subject to removal as status violators. INA § 237(a)(1)(D) [8 U.S.C.A. § 1227(a)(1)(D)]. Aliens who have encouraged, assisted, abetted or aided illegal immigration at the time of any entry or within five years of any entry are subject to removal. INA § 237(a)(1)(E) [8 U.S.C.A. § 1227(a)(1)(E)].Finally, aliens who enter into fraudulent marriages for the purpose of obtaining immigration benefits are subject to removal. INA § 237(a)(1)(G) [8 U.S.C.A. § 1227(a)(1)(G)].
• Public charge: If a person has within five years of entering the United States become a public charge resulting from causes not arising after entry, he or she will be subject to deportation under the public charge ground. INA § 237(a)(5) [8 U.S.C.A. § 1227(a)(5)]. • Security and related grounds: Under INA § 237(a)(4) [8 U.S.C.A. § 1227(a)(4)], an alien is deportable who has engaged, is engaged, or at any time after entry has engaged in any activity to violate any law of the United States relating to espionage, sabotage, or laws prohibiting export of goods, technology, or sensitive information from the United States, any other criminal activity which endangers public safety or national security or any activity the purpose of which is to oppose, control, or overthrow by force, violence, or other unlawful means, the U.S. government. Under INA § 237(a)(4)(B) [8 U.S.C.A. § 1227(a)(4)(B)], an alien who has engaged, is engaging, or at any time after entry has engaged in any terrorist activity as defined in INA § 212(a)(3)(B)(iv) [8 U.S.C.A. § 1227(a)(3)(B)(iv)] is deportable. Under INA § 237(a)(4)(C) [8 U.S.C.A. § 1227(a)(4)(C)], an alien is deportable if the Secretary of State has reasonable grounds to believe that the presence or activities in the United States of such alien may have serious adverse foreign policy consequences. Finally, under INA § 237(a)(4)(D) [8 U.S.C.A. § 1227(a)(4)(D)], Nazi war criminals and persons who have engaged in conduct defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide. • Failure to register and falsification of documents: Aliens in the United States are required to report any change in address to the U.S. Citizenship and Immigration Services (USCIS). INA § 265 [8 U.S.C.A. § 1305]. Failure to register a change of address is a deportable offense unless the alien can show that such failure was reasonably excusable or not wilful. INA § 237(a)(3)(A) [8 U.S.C.A. § 1227(a)(3)(A)]. An alien is deportable if he or she is convicted for a violation of INA § 266(c) [8 U.S.C.A. § 1306(c)] (fraudulent statements) or Section 36(c) of the Alien Registration Act; for a violation of the Foreign Agents Registration Act; or, for a violation of 18 U.S.C.A. § 1546 (relating to fraud and misuse of visas) regardless of sentence imposed. An alien with a final administrative order for a violation of INA § 274C (document fraud) is subject to removal. INA § 237(a)(3)(C)(i) [8 U.S.C.A. § 1227(a)(3)(C)(i)]. Finally, a person who falsely represents or who has falsely represented himself or herself to be a United States citizen to obtain benefits under the Immigration & Nationality Act, federal or state law is deportable. INA § 237(a)(3)(D) [8 U.S.C.A. § 1227(a)(3)(D)]. • Unlawful voting: Under INA § 237(a)(6) [8 U.S.C.A. § 1227(a)(6)], any person who has voted in violation of any federal, state or local provision, statute, ordinance or regulation is subject to removal. A conviction is not required. • Criminal grounds: Aliens who are convicted of or admit to the commission of certain crimes, including multiple criminal convictions, crimes of moral turpitude, aggravated felonies, high speed flight, drug related offenses, firearms violations, and domestic violence, stalking and protective order violations, are subject to removal. INA § 237(a)(2) [8 U.S.C.A. § 1227(a)(2)]. Crimes of Moral Turpitude
The term "moral turpitude" means an act of baseness, vileness, or depravity in the private and social duties owing to one's fellow man or society in general, contrary to accepted and customary rules, and is dependent upon depraved or vicious motives on the part of the alien. Since neither the INA nor its legislative history provides a definition of a crime of moral turpitude, a Court of Appeals will defer to the long-established BIA definition that it includes a crime committed recklessly and with a conscious disregard of a substantial and unjustifiable risk to the life and safety of others. Whether a crime involves moral turpitude is determined by the inherent nature of the crime as defined, rather than the circumstances surrounding the particular transgression. The essential question then in determining whether a crime involves moral turpitude is whether the proscribed act, as defined by the law of the appropriate jurisdiction in which the act was committed, includes elements which necessarily demonstrate the baseness, vileness, and depravity of the perpetrator.To determine whether a criminal conviction amounts to a crime involving moral turpitude, it is the statute that defines the crime, rather than the act committed, which is controlling.
If moral turpitude necessarily inheres in the crime defined by the statute under which the conviction occurred, the conviction is for a crime involving moral turpitude. Thus, it is in the intent that moral turpitude inheres, and a crime committed without contemplating death, without malice, and without intent, and ordinarily committed while engaged in a lawful act, but committed through carelessness or lack of caution or circumspection, does not include an evil intent and does not involve moral turpitude. However, a criminal statute need not require "evil intent" for it to be considered a crime involving moral turpitude; rather, the statute need only require an act of such debased or depraved behavior that it violates accepted moral standards. Conversely, not every conviction based on a criminal statute requiring "evil intent" is for a crime involving moral turpitude.
Where reckless conduct is an element of a statute, a crime of assault may be, but is not per se, a crime involving moral turpitude; however, where the offense is similar to a simple assault, it is not a crime involving moral turpitude.
Only if the statute under which the alien was convicted includes some offenses which involve moral turpitude and others which do not, will the Board of Immigration Appeals (BIA) look to the record of conviction, which includes the indictment, the plea, the verdict, and the sentence, to determine the offense for which the alien was convicted. In the case of many lesser crimes, the question of moral turpitude is not determined by the name of the crime, but rather by the nature of the crime as defined in the pertinent statute and alleged in the indictment.
In determining whether a crime involves moral turpitude, neither the immigration authorities nor the courts may go beyond the record of conviction to examine the circumstances under which the crime was committed, but, rather, the determination must be made
Moral turpitude must be inherent in the charge and thus must be evidenced by the record itself; the question then is whether the inherent nature of the crime as defined by law and particularized in the indictment necessarily involves moral turpitude
In general, a crime in which fraud is an ingredient involves moral turpitude,and fraudulent intent may either be explicit in the statutory definition of the crime or implicit in the nature of the crime.Similarly, sexual crimes are considered to involve m
on the basis of the statutory definition of the crime and the record of conviction. The indictment, plea, verdict, and sentencing, but not extrinsic evidence, may be properly considered in determining whether a crime involves moral turpitude. In doing so, the court may look to the allegations of the indictment pertinent to the crime to which a plea of guilty was entered to determine whether such allegations state a crime involving moral turpitude.Although when by definition a crime does not necessarily involve moral turpitude, an alien cannot be deported because in the particular instances conduct was immoral, when a crime does necessarily involve moral turpitude, no evidence is competent that the alien was in fact blameless.
Where the underlying, substantive offense is a crime involving moral turpitude, conspiracy to commit such an offense is also a crime involving moral turpitude.Conversely, conspiracy to commit an offense is not a crime involving moral turpitude where the substantive offense does not involve moral turpitude. Similarly, conviction under state law of being an accessory before the fact constitutes a conviction for a crime involving moral turpitude where the substantive offense involves moral turpitude.
Particular types of Crimes of Moral Turpitude
Particular crimes involving moral turpitude for purposes of removal include: (1) bad check charge; (2) blackmail; (3) forgery including uttering a forged prescription for narcotic drugs or any other writing with the intent to defraud the United States Government, or transportation of a forged and altered security in foreign commerce (4) burglary and unlawful entry with intent to commit larceny (5) incest;[ (6) rape,statutory rape, carnal abuse of a female child, indecent assault, or willful failure to register as a sex offender; (7) bigamy consensual sodomy; oral sex perversion; being a lewd, wanton, and lascivious person in speech and behavior;[16] or offering to secure another for the purpose of prostitution and renting rooms with the knowledge that such rooms were to be used for the purposes of prostitution (8) obtaining money by means of a fraudulent scheme involving cheating or swindling; (9) concealing assets from a trustee in bankruptcy; (10) possession of stolen mail, or using the mails in a scheme to defraud; (11) perjury; (12) larceny in any form, whether grand or petit, and an attempt to commit grand larceny; (13) an attempt to defeat and evade income tax with intent to defraud the government; (14) engaging in the business of a distiller of alcohol with intent to defraud the United States of the tax on distilled spirits; failure to pay an occupational tax required for the sale of liquor with intent to defraud the United States, or concealing distilled spirits with intent to defraud the United States of tax; (15) conspiracy to defraud the United States, including conspiring with others to commit an offense against and to defraud the United States by carrying on the business of a wholesale liquor dealer while willfully failing to pay the special tax required to be paid by wholesale liquor dealers; (16) murder; (17) voluntary manslaughter; (18) involuntary manslaughter, manslaughter in the first degree involving homicide committed without a design to effect death in the heat of passion, but in a cruel and unusual manner or by means of a dangerous weapon,[34] or manslaughter in the second degree involving criminally reckless conduct (19) mayhem as defined by state statute requiring the act be done voluntarily, maliciously, or on purpose; (20) assault and battery with intent to kill, with a dangerous or deadly weapon, with intent to rob,[39] or with the intention of ousting persons from the possession of their property to the end that the usurper may use the same for his own enjoyment and to the danger of the community; (21) carrying a concealed and deadly weapon with intent to use the weapon against another person; (22) willfully and knowingly making a false statement in an application for a passport with intent to induce and secure the issuance of a passport, or making of a false statement in the acquisition of a firearm; (23) issuing an insufficient funds check with intent to cheat and defraud, or passing a worthless check with intent to defraud; (24) child beating; (25) robbery; (26) bribery; (27) counterfeiting, or passing, uttering, publishing, mailing, or possessing counterfeit obligations with intent to defraud; (28) receiving and concealing stolen goods knowing them to be stolen; (29) smuggling liquor with intent to defraud the United States of tariffs; (30) encumbering mortgaged property with an intent to defraud; (31) interfering with a law enforcement officer involving the use of deadly physical force; (32) conspiracy, mail fraud, and wire fraud; (33) obtaining student loans by fraud and false statements in violation of 20 USCA ß 1097(a) and making material false statements in violation of 18 USCA ß 1001; (34) knowingly and willfully obtaining Pell grant funds0 (35) theft and conversion of United States government funds; (36) obstruction of justice (providing a false name and driver's license to police officers to prevent arrest for driving with revoked license); (37) money laundering to conceal drug proceeds is a crime of moral turpitude;[60] (38) possession of child pornography; (39) knowingly harboring and concealing a person for whose arrest a warrant has been issued and misprision of felony; (40) conviction for spousal abuse under California law; (41) money laundering in violation of New York law; (42) trafficking in counterfeit goods Aggravated Felonies
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)the definition of the term "aggravated felony" has been further expanded. Under the expanded definition, the term "aggravated felony" means:
• murder, rape, or sexual abuse of a minor
• illicit trafficking in a controlled substance (as defined in § 102 of the Controlled Substances Act), including a drug trafficking crime, as defined in 18 U.S.C.A. § 924(c) • illicit trafficking in firearms or destructive devices, as defined in 18 U.S.C.A. § 921, or in explosive materials, as defined in 18 U.S.C.A. § 841(c) • an offense described in 18 U.S.C.A. § 1956, relating to laundering of monetary instruments, or 18 U.S.C.A. § 1957, relating to engaging in monetary transactions in property derived from specific unlawful activity, if the amount of the funds exceeded $10,000 • an offense described in (1) 18 U.S.C.A. §§ 842(h), or (i), or 18 U.S.C.A. §§ 844(d), (e), (f), (g), (h), or (i), relating to explosive materials offenses;
(2) 18 U.S.C.A. §§ 922(g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r), or 18 U.S.C.A. §§ 924(b) or (h), relating to firearms offenses; or (3) § 5861 of the Internal Revenue Code of 1986, relating to firearms offenses • a crime of violence, as defined in 18 U.S.C.A. § 16, but not including a purely political offense, for which the term of imprisonment is at least one year • a theft offense, including receipt of stolen property, or burglary offense for which the term of imprisonment at least one year • an offense described in 18 U.S.C.A. §§ 875, 876, 877, or 1202, relating to the demand for or receipt of ransom • an offense described in 18 U.S.C.A. §§ 2251, 2251A, or 2252, relating to child pornography • an offense described in 18 U.S.C.A. § 1962, relating to racketeer-influenced corrupt organizations, or an offense described in 18 U.S.C.A. § 1084, if it is the second or subsequent offense, or 18 U.S.C.A. § 1955, relating to gambling offenses, for which a sentence of one year's imprisonment or more may be imposed • an offense that: (1) relates to the owning, controlling, managing, or supervising of a prostitution business;
(2) is described in 18 U.S.C.A. §§ 2421, 2422, or 2423, relating to transportation for the purpose of prostitution, if committed for commercial advantage; or (3) is described in 18 U.S.C.A. §§ 1581, 1582, 1583, 1584, 1585, or 1588, relating to peonage, slavery, and involuntary servitude; • an offense described in: (1) 18 U.S.C.A. § 793, relating to gathering or transmitting national defense information, 18 U.S.C.A. § 798, relating to disclosure of classified information, 18 U.S.C.A. § 2153, relating to sabotage, or 18 U.S.C.A. § 2381 or 18 U.S.C.A. § 2382, relating to treason;
(2) § 601 of the National Security Act of 1947, 50 U.S.C.A. § 421, relating to protecting the identity of undercover intelligence agents; or (3) § 601 of the National Security Act of 1947, relating to protecting the identity of undercover agents; • an offense that: (1) involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or (2) is described in of the Internal Revenue Code of 1986, relating to tax evasion, in which the revenue loss to the government exceeds $10,000 • an offense described in INA § 274(a)(1) [8 U.S.C.A. § 1324(a)(1)], relating to alien smuggling, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, betting, or aiding only the alien's spouse, child, or parent, and no other individual, to violate a provision of the INA • an offense described in INA § 275(a) [8 U.S.C.A. § 1325(a)], prohibiting entry by an alien at an improper time or place, or INA § 276 [8 U.S.C.A. § 1326], prohibiting the reentry of a removed alien, committed by an alien who was previously deported on the basis of a conviction for an offense described in INA § 101(a)(43)(A) to (N), (P) to (U) [8 U.S.C.A. § 1101(a)(3)(A) to (N), (P) to (U)] • an offense: (1) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of 18 U.S.C.A. § 1543, or is described in 18 U.S.C.A. § 1546(a), relating to document fraud, and (2) for which the term of imprisonment is at least 12 months, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien's spouse, child, or parent, and no other individual, to violate a provision of the INA • an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of five years or more • an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered, for which the term of imprisonment is at least one year • an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which a sentence of five years' imprisonment or more may be imposed • an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of two years' imprisonment or more may be imposed • an attempt or conspiracy to commit any of the offenses described above For many of the criminal grounds of removal under INA § 237 [8 U.S.C.A. § 1127], a conviction is necessary before an alien can be deported. Therefore, one of the primary goals of counsel in representing an alien facing removal based on a criminal offense should be to avoid a conviction for immigration purposes as defined under INA § 101(a)(48) [8 U.S.C.A. § 1101(a)(48)].Post-conviction relief is divided into statutory grounds and common law writs and include pardons, motion to withdraw guilty plea, motion for a new trial, motion to modify sentence, writ of coram nobis, writ of audita querela and habeas corpus.
A person who is found inadmissible or deportable may have several forms of relief available to him or her. These forms of relief include cancellation of removal for certain lawful permanent residents, including relief under former INA § 212(c), cancellation of removal or suspension of deportation for certain non-permanent resident aliens, cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA),adjustment of status, political asylum and/or withholding of removal, nunc pro tunc permission to reapply for admission after removal, deferred action, certain waivers of inadmissibility, and private legislation.
Under INA § 240A(a) [8 U.S.C.A. § 1229b(a)], a lawful permanent resident who is inadmissible or deportable is eligible for relief from removal if he or she has been an alien lawfully admitted for permanent residence for not less than five years, has resided in the United States continuously for seven years after having been admitted in any status, and has not been convicted of an aggravated felony.
Under INA § 240A(b) [8 U.S.C.A. § 1229b(b)], an alien who is inadmissible or deportable from the United States can apply for cancellation of removal if she has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application, has been a person of good moral character during such period, has not been convicted of certain criminal offenses and establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a U.S. citizen or lawful permanent resident.
NACARA guaranteed continued relief from deportation under former INA § 244(a), in effect before the enactment date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, for certain Salvadorans, Guatemalans, Eastern Europeans and persons who were applicants for suspension of deportation prior to April 1, 1997, and who were not served with an order to show cause or committed certain crimes prior to being physically present in the United States for a period of seven or 10 years.
Under INA § 240B [8 U.S.C.A. § 1229b], certain aliens who are not deportable as aggravated felons or terrorists are eligible to leave the United States voluntarily at their own expense in lieu of being subject to removal proceedings depending upon certain circumstances.
The burden of proof to establish eligibility for relief from removal is on the applicant. Persons applying for voluntary departure and for cancellation of removal for non-lawful permanent residents must also show good moral character for the requisite period of time required for the relief requested.
|
||||||