Office Location is Irving, Texas and Albuquerque, New Mexico
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Office Location is Irving, Texas and Albuquerque, New Mexico
In cancellation of removal cases, the outcome almost always comes down to one thing: evidence. The quality, depth, and persuasiveness of the documentation you present to the immigration judge will determine whether your case succeeds or fails. After more than four decades of arguing these cases in immigration courts across the country, I can tell you that thorough preparation is not optional; it is everything.
Medical issues are the most common basis for establishing hardship in cancellation of removal cases, particularly under 42B. If your claim depends on a qualifying relative’s medical condition, you need comprehensive documentation from their treating physicians. A one-paragraph letter saying your relative visits the hospital regularly is not enough. The judge needs to understand the severity of the condition, the prognosis, the treatment plan, and what would happen if the caregiver were removed from the country.
In my experience, it is often necessary to bring expert medical witnesses to immigration court. Judges are not doctors. A physician’s letter may use medical terminology that the judge cannot fully evaluate without additional context. I have supplemented medical letters with glossaries of medical terms, detailed prognoses, and live expert testimony. When the judge can examine the expert directly, it transforms the complexion of the case, because unless the judge finds the expert not credible, the testimony will be accepted.
Your client’s immigration history is one of the most critical pieces of the puzzle. You must obtain the complete history, including any previous visits, prior removal orders, visa applications, and petitions filed by relatives. The reason is simple: your client may not tell you everything, and the government will have the records.
I have seen cases where an attorney walks into court unprepared, only to discover that their client had a prior removal order from 15 years ago that was never mentioned. A prior removal order means there is an outstanding warrant. Any law enforcement officer in the country can arrest that person based on that warrant. If you do not have the full picture, you cannot adequately represent your client.
A thorough review of the client’s criminal record is absolutely essential. Many people do not understand the immigration consequences of criminal convictions. They go to criminal court without an attorney, plead guilty to what seems like a minor offense, and then discover years later that the conviction bars them from immigration relief.
Here is a critical example: if a person is convicted of two crimes involving moral turpitude, the most common being theft-related offenses, they become removable under the Immigration and Nationality Act. Even if each theft involved a very small amount, two convictions create a mandatory ground of removability. This is why it is so important for immigrants to consult with an immigration attorney before resolving any criminal matter.
Positive evidence of good moral character can significantly strengthen a cancellation case. This includes involvement in religious organizations, volunteer work, community service, children’s school records showing academic achievement, and letters of support from employers, neighbors, and community leaders.
The challenge is that many people simply go to work and live their lives without actively participating in their community. When it comes time to build a case, there is little affirmative evidence to present. If you think you may need immigration relief in the future, getting involved in your community now can be one of the most important steps you take.
If the respondent has U.S. citizen children, their situation becomes a powerful factor in the case. Who will care for these children if their parents are deported? U.S. citizens cannot be forced to leave the country. If the person being removed is the rock of the family, the primary caregiver, the breadwinner, the emotional anchor, their removal can cause the entire family structure to collapse.
I frequently argue this point in cancellation cases: the family will be stranded, the children’s welfare will be jeopardized, and no one will be forced to follow the deported parent to a country where their safety may be in danger. These are compelling arguments that judges take seriously when supported by evidence.
Cancellation cases can take years to reach a hearing. During that time, you can and should continue to gather and submit evidence. Addendums to the original filing are common and expected. The court will accept new evidence up to two weeks before the individual hearing.
However, missing deadlines is unacceptable. If you fail to file evidence on time, you will need to explain the oversight to the judge, and no attorney ever wants to be in that position. Meticulous organization and consistent follow-through are essential throughout the life of the case.
John W. Lawit, LLC has successfully handled cancellation of removal cases for clients across the country. If you are preparing for a cancellation hearing, contact us to discuss how we can help strengthen your case with the right evidence and strategy.
