What are my friends chances of cancellation of removal he is currently in detention

Asked over 1 year ago - San Diego, CA

Friend of mine was detained at the border 3 weeks ago, he has a greencard (2005) and a conviction for cultivation of marijuana (2007) and has been living a good life since, he is in divorce proceedings with his wife but has 3 adopted children. What are his chances for cancellation of removal? his 1st hearing is next week

Attorney answers (5)

  1. Kevin Michael Crabtree

    Contributor Level 11

    2

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    Best Answer
    chosen by asker

    Answered . A person who has has had permanent residence for five years, resided in the U.S. for seven years after being granted any lawful status, and who does not have an aggravated felony conviction, can apply for cancellation of removal (assuming he did not receive a prior cancellation of removal for non-permanent residents). There are a few issues with his case.

    The conviction for cultivation of marijuana is likely a drug trafficking conviction (an aggravated felony) that will bar him form cancellation of removal. He should be hiring an immigration lawyer and also a post conviction relief lawyer to investigate whether the superior court conviction can be vacated for cause (i.e. possible ineffective assistance of counsel or procedural errors in failing to provide certain required advisals to him of the immigration consequences of the plea). These are two lawyers who work on post-conviction relief issues, but they are in the Bay Area:

    http://nortontooby.com/
    http://www.immigrantcrime.com/

    I am assuming his seven years of residence and permanent resident status started at the same time (i.e. he first received status when he got the green card). He would have seven years of residence and five years of status based on the dates. But, there is a stop-clock rule that ends his residence as of the date of commission of the drug crime. So, he would only have two years of residence. That is, unless he had a prior arrival in lawful status (i.e. lets say he came to the US on a tourist visa in 1995--he would have had 12 years of residence when the clock stopped). The permanent resident or green card status itself is not stopped by this rule so he would be deemed to have the necessary five years for that.

    Unfortunately, this is an up hill battle. There is probably zero chance that he can do this without an attorney.

  2. Jamahl Calvin Kersey

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . I agree with Attorney Crabtree. Your friend is going to need BOTH a criminal defense attorney and an immigration attorney, or one who is well-versed in both areas of law. He will not be able to handle this case on his own.

    Jamahl C. Kersey (619) 399-3662 is a Criminal Defense and Immigration attorney licensed in CA. The answer above... more
  3. Jose Antonio Moreno

    Contributor Level 15

    3

    Lawyers agree

    Answered . It is important to consult an immigration attorney experience with LPR cancellation to review his case thoroughly.

  4. Pius Joseph

    Pro

    Contributor Level 14

    Answered . Standard is statutory eligibility, no aggravated felonies, and the Judge has discretion to grant or deny.
    Consult an immigration lawyer.

  5. Tsirina Goroshit

    Contributor Level 14

    Answered . Conviction would impact his good moral character. He would have to proof extremely high level of hardship. Consult with immigration for a full evaluation.

    The above is intended as general information only and cannot be relied upon as legal advice. Call (212)880-1538... more

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