Cancellation of Removal Case Granted Without Testimony
It’s not every day, when you have a case where the client has had a long criminal history and a long immigration history, and your Cancellation of Removal case is granted without any testimony taken at all.
What should have been a three hour long hearing, ended up being a 5 minute hearing with an extremely happy client. This result was thanks to the great rapport Gonzalez Law Offices, Inc. has with the Office of Chief Counsel at the Department of Homeland Security and the respect we have earned from the Immigration Court. Of course it helps tremendously when you have an excellent support staff as we do at Gonzalez Law Offices, Inc.
Our client is a national from Portugal, who has lived in the United States for the past 46 years of his life. Unfortunately, due to a very difficult childhood, the client didn’t always make the right decisions in life and ended up with a lengthy criminal record that ranged from Burglary to Possession of Cocaine to disorderly conduct.
The client was placed in removal proceedings, and after a lengthy procedural history with the Immigration Court, the Board of Immigration Appeals, and the First Circuit Court of Appeals, he finally qualified for Cancellation of Removal for Lawful Permanent Residents (LPR). Cancellation of Removal LPR is relief that is available to certain lawful permanent residents who have not been convicted of an aggravated felony (a serious crime), who have been a permanent resident for at least 5 years and have been living in the United States for at least 7 years. In addition, the LPR must deserve the relief as a matter of the Judge’s discretion, after proving reformation and good moral character.
As a result of our work and investigation, Gonzalez Law Offices submitted evidence of the client’s lawful permanent residence by way of his green card; we submitted evidence that he has lived in US by way of employment history; and we submitted medical records from the client’s childhood to prove that he did not live a normal life as a child, which in turn resulted in his lengthy criminal history. We also submitted a detailed affidavit from the client regarding his life, his criminal history, his remorse and rehabilitation to prove that he is in fact a person of good moral character; this was submitted with his many years of tax returns.
We pride ourselves in knowing and following the rules of the court, and in respecting the court and the attorneys that work at the Office of Chief Counsel of the Department of Homeland Security. Our professionalism paid off!
When I arrived in court with the client and two witnesses ready to testify to hardship and good moral character, I was met by the trial attorney for the Department of Homeland Security, who told me how happy she was that our package was incredibly organized and well put together with substantive evidence. I was informed by the attorney that she would have no cross examination for the client, because she was satisfied based on the evidence we prepared demonstrating that the client had suffered a great deal as a child, which resulted in his history. Most importantly, the attorney expressed to me that she believed he had been rehabilitated and did not need to hear from him.
We were literally in front of the Immigration Judge for 5 minutes. This is unheard of for this type of application.
I am extremely happy for my client, but most of all I’m thankful for my staff, who with me, works hard for our clients.
Written by: Deborah Gonzalez