Cancellation of Removal Success: An Example of Extreme and Unusual Hardship for a Mexican Immigrant 

Recently, Ismail Shahtakhtinski had a remote individual hearing with an immigration judge in a new Immigration court in Annandale, Virginia. The hearing pertained to the cancellation of removal for non-LPRs. In this blog, we will briefly discuss what cancellation of removal is, how one can apply for it, and its benefits. Following that, we will delve into a particular case that attorney Ismail Shahtakhtinski handled, detailing what transpired in court, the main issues, and how the attorney was able to obtain a grant of 42B cancellation of removal.

Cancellation of removal is a form of relief that can only be applied for in Immigration court during removal proceedings. There are several ways that an applicant can be placed in removal proceedings. Still, one of the most common ways is if they apply for asylum and their case gets referred to Immigration court. To be eligible for cancellation of removal, one must demonstrate that they have been physically present in the United States for more than 10 years before the Immigration court proceedings began and that they are a person of good moral character. This means that they have not committed serious crimes that could statutorily or discretionarily bar them from receiving cancellation of removal relief. The most important factor in the cancellation of removal process is demonstrating that one has qualifying family members in the US who are either permanent residents or citizens, such as a spouse, parent, or child. Additionally, one must show that their removal from the US would cause exceptional and unusually extreme hardship to their qualifying family members. Cancellation of removal is one of the hardest forms of relief to prove and secure. It carries a very high burden of proof, as exceptional and unusually extreme hardship is a difficult standard to meet.

Our client was from Mexico and had been living in the United States for approximately 24 years when he came to us seeking assistance with the cancellation of removal case. He had a wife and two children, all US citizens. However, he had run into some trouble with the law in the past, including several DUIs and an obstruction of justice charge. This made his cancellation of removal case more complicated, as we had to demonstrate that he was a person of good moral character. However, attorney Ismail Shahtakhtinski was able to present evidence that he had completely rehabilitated and had not had any issues with alcohol or the law since the birth of his first child, 7 years prior. The attorney presented testimony from him, his wife, friends, and family members, as well as affidavits from a priest at their church. On the other side, the government attorney was gracious enough to agree that our client had rehabilitated and there were no negative discretionary factors regarding his good moral character.

The most challenging aspect of the case was demonstrating exceptional and unusually extreme hardship to our client’s US citizen wife and children if he were to be removed from the US and they were to move to Mexico. We had to demonstrate that they would face a level of hardship beyond what a typical family would face in such a situation. Firstly, we examined the health conditions of our client’s wife and children. We presented evidence that his wife had in the past suffered a serious medical condition that required medical attention and that his children had various medical and educational needs that could not be met in Mexico. We also presented evidence that his wife and children were particularly vulnerable if they were to move to Mexico because of the prior history of abuse. We demonstrated that they had no connections or support network in Mexico and would be at risk of violence or discrimination. 

In conclusion, attorney Ismail Shahtakhtinski and his team secured the cancellation of removal for our client despite the challenges presented by his criminal history and the high burden of proof required for exceptional and unusually extreme hardship. Our client had not applied within one year of his entry into the US, and his asylum claim was weaker as a result. This case highlights the importance of skilled and dedicated immigration attorneys in navigating the complexities of immigration law and securing relief for their clients.

If you have been in the United States for more than 10 years before your case goes to Immigration court, you may qualify for cancellation of removal. This is an important issue that you should be aware of, especially if you are facing issues with your asylum claim. In some cases, cancellation of removal may be a better option for relief than asylum.

We highly recommend scheduling a consultation with an attorney to ensure the best possible outcome for your cancellation of removal case. To schedule a consultation, please click the following link: Schedule a Consultation – I.S. Law Firm, PLLC.