REMOVAL DEFENSE
Cancellation of Removal is a defense available only in deportation. Therefore, in order for a person to invoke the defense, first there must be a deportation case pending. Many clients refer to this program as the “10-year” law. Why call it the 10-year law? Because one of the requirements is that an immigrant has lived in the US for 10 years. Whereas for permanent residents the requirement is only 7 years.
The program is codified in 8 U.S. Code § 1229b – “Cancellation of removal; adjustment of status”
One defense to removal is establishing a claim under the Asylum law of the United States. The written application is only one. But there are three sub-defense.
1) Asylum
2) Withholding of Removal
3) Protection under the Convention Against Torture (CAT).
Somedays it feels like it is a full time job just keeping track of all the DACA changes. We can all agree that this has been the most litigated topic in Immigration lately. Let’s go over what is the program now and how is eligible to apply.
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