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Does this mean I unofficially won my cancellation of removal case?

Brooklyn, NY |

Judge did not deny my cancellation of removal case. He deferred the ruling to a later time because the "cap" has been reached. All he said is that he wasn't going to deny the case but did not grant either? What does this mean? Did I win or could he deny my case later on?

Strictly out of curiosity, I wonder if I would be allowed to travel abroad while we are in this period where the judge has not granted?

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Attorney answers 2


I don't want to disappoint you, but anything can happen between 'now" and "then". However, I'd say it looks pretty good for, but what does your lawyer say?

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:


If the Judge was going to deny your application, the cap would be irrelevant. My guess is that he is going to grant your application.


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Carl Shusterman, Esq.
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(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.