Cancellation of Removal is an application that can only be filed in Removal Proceedings. It requires the applicant to show physical presence in the US for a continuous period of 10 years AND exceptional hardship to qualifying US Citizen or Lawful Permanent Resident family members.
Some of the hardest cases we take on are those for people who are in removal proceedings. The stakes are very real as the ultimate result could be forced separation for the person in proceedings from their family, friends, and often the only country that they have ever known. The case below is one such example.
Our client, a young man of 19 years was born in a small town in Mexico. He was brought to the US by parents who were working as farmworkers in the fields in Eastern Washington. The young man himself had started working in the fields as a young child after school, and full time during his summer break.
The family of six lived in a trailer in an area in Eastern Washington that was witnessing a dramatic increase in gang violence. The young man’s three younger siblings were all born in the US, but the parents had very limited resources to give any of them the access to opportunities that are ordinary or common for other children their age.
One of the young man’s younger siblings was diagnosed with severe epilepsy and he played the role of big brother and caregiver when his parents were working. He also served as translator/Interpreter/driver for the family as the parents spoke very limited English and did not drive.
This young man was placed into proceedings after a fight with other youth. During the trial, we had to provide evidence to show that this man, who himself was trying to find his own way in the world, was effectively responsible for a family of six. He was the oldest of the children; hence served as a role model to them, and because he was the oldest of the children, also served as guide and de-facto case manager for his parents who were stymied due to lack of English and lack of access to resources.
His younger sibling required a cocktail of drugs in specific doses and administered at specific times to keep her symptoms in check. The older brother was the one who alone understood what those drugs were and when and how they were to be administered. When the younger one experienced seizures or medical emergencies, this young man was the one calling 911 and riding in the ambulance with her so he could explain her case to the paramedics trying to keep her alive.
We collected all the documents we could gather to show the severity of the circumstances for the family, and after a full day trial, were successful in securing Cancellation of Removal relief for the client.