Cancellation of Removal Legal Permanent Residents. #EOIR 42A #Equities, #Legal Permanent Resident.
Updated: Jul 3, 2018
Requirements regarding cancellation relief from removal for legal permanent residents ("LPRs") are, among others, that you have been a permanent resident for at least five years, you have not been convicted of an aggravated felony (as defined in immigration law), you have been admitted in any status for at least seven years. Being admitted as a refugee or a non-immigrant counts as a lawful admission. Admissions to the United States as an asylee or in family reunification status have been held not to count towards the seven year in any status requirement.
An applicable fact pattern could be you being a legal permanent resident who made a quick trip to another country. After being placed in removal proceedings, requesting that the immigration judge cancel your deportation for soliciting a prostitute, not a minor. It has been my experience that explaining to the immigration judge you thought were giving someone a ride after being convicted of solicitation of prostitution was not very helpful. Equities, such as U.S. family members, church and community ties, recommendations from employers, are. What constitutes an aggravated felony or a crime of moral turpitude for immigration purposes changes all the time. To include this fact pattern on my blog on EOIR-42A, I am even relying on Esquivel-Quintana vs. Sessions, 137 S. Ct. 1562 (2017) and Shroff v. Sessions (5/15/2018). Both specifically the address the issue of solicitation of minors.