Tuesday, June 8, 2010

LPR - Special Rule Cancellation under 42B

Recently had a custody case where an LPR (Lawful Permanent Resident) was in removal for CIMT's and a Narcotics Conviction. The narcotics conviction left her under mandatory detention, pending her removal hearing.

We filed both a 42A and a 42B application for cancellation of removal. The 42B application was under the "Special Rule" cancellation for an abused spouse. A recent BIA decision held that an LPR is eligible for 42B relief as the language written by Congress is ambiguous as to who qualifies. What is nice about 42B is that any conviction that is the result of the spousal abuse is waived.

Needless to say, we prevailed and our client was released the same day after the DHS attorney waived appeal.

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