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Sierra Leonian Gets Cancellation of Removal after 20 years
In theory, the law for Cancellation of Removal for Non-Permanent Residents has three basic components. A person must show that he (1) has been in the United States continuously for ten years or more, (2) is a person of good moral character, and (3) hat his removal would cause exceptionally unusual and extreme hardship to an immediate relative who is a United States Citizen and/or Lawful Permanent Resident. The last prong is wherein the great debate and/or argument usually occurs.
In comes, client who entered the United States legally as a visitor from Sierra Leone in 1988. He marries a United States Citizen in 1989 and she files an I-130 on his behalf. He is interviewed at the Washington District Office in 1990. He is advised that a decision will be issued. He and his wife wait and wait. Surprise, Surprise, no decision is forth coming. He makes many attempts to obtain information about his case. He hires counsel who is advised that lo and behold, the file is "misplaced." He and his wife divorce while the Service is looking for the file. He remarries and his new wife files another I-130. That I-130 is approved so he files for adjustment of status. He and his new wife now have a child, a house and very nice life. He receives a letter that the Service is revokig the approval of the I-130 because his first I-130 was denied. And he was put in proceedings under an OSC unbeknownst to him.
While he is appealing the revocation of the I-130, the OSC is never served on him. The AAU finally affirms the revocation of the I-130 after 4 years. He now comes to our firm after seeking the advice of other attorneys. The first problem was to address the OSC which was filed with the Court but never served on him since that was filed before his 7 years of physical presence in the United States. Based on an internal memo on repapering, we got the IJ to terminate the proceedings for failure to prosecute. Next we asked the Chief Counsel to issue an NTA so that he could file for Cancellation or Removal. No luck. He had committed no crimes and moved to the jurisdiction of the Baltimore EOIR so he was not high on the priority list for issuing an NTA.
With some legal manuvering, we finally got him an NTA. He, his wife and his 14 year old daughter testified. The IJ granted cancellation of removal, the Chief Counsel did not oppose and waived appeal. So now after 20 years, he will be a lawful permanent resident. It could not have happened to a nicer guy!
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