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On average, how long is a cancellation of removal hearing?

Chicago, IL |

This would be for a legal permanent resident detained in chicago.

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Attorney answers 4

Posted

That type of individual hearing while on detention takes anything between 2 to 4 hours.

I hope the detained individual in question has a competent immigration attorney experienced in cancellation relief cases representing him/her in court.

Cancellation relief is discretionary and not easy to obtain. The applicant must prove physical presence in the US for a number of years, as well as "good moral character" (no criminal record) for the statutory period.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

the applicant has been in the usa as a legal permanent resident since 1985, however there is a criminal record. what is usually the statutory period requirement for 'good moral character'?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Seven years.

Asker

Posted

is that 7 years after admission into the USA (in 1985)? If so, he has no criminal record for the first 12 years that he has been here.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

You need to discuss these details with the lawyer in charge of his case. I hope my answers were helpful.

Asker

Posted

yes - they were. thank you.

Posted

2-4 hours

Please click the link below for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

My colleagues are correct about the time for the hearing.

The burden of proof for obtaining cancellation of removal is high. I hope that the immigrant has an attorney to present the case to the immigration judge.

Law Office of Mary K. Neal | www.immigratechicago.com | info@rogersparklaw.com| 773-681-1335 This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.

Posted

For detained cases, 4 - 12 months.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

Thanks - i thought that a final hearing is usually schedules approximately 45 days from the master calendar hearing.

Stephen D. Berman

Stephen D. Berman

Posted

I've had detained cases take much longer than that.

Asker

Posted

is the date usually requested by a lawyer or set by the judge?

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