26 October 2011
CELLA & ASSOCIATES WINS CANCELLATION OF REMOVAL
MEXICAN MAN IS GRANTED LAWFUL PERMANENET RESIDENT STATUS (“GREEN CARD”) AFTER ENTERING THE USA WITHOUT A VISA SEVENTEEN YEARS AGO, AND LIVING UNDOCUMENTED IN THE UNITED STATES SINCE THEN.
Last week CELLA & ASSOCIATES, LLC prevailed in it’s defense of a Mexican Citizen from a charge of being Removable from the United States. The defense in this case is known as CANCELLATION OF REMOVAL FOR CERTAIN NON-PERMANENT RESIDENTS.
In order to qualify for Cancellation of Removal an individual Respondent must be in Removal Proceedings, (Immigration Court), and must establish that he or she has been in the United States of America for at least ten (10) consecutive years; is a person of good moral character; and that his or her removal would cause his or her U.S. Citizen (USC)or Lawful Permanent Resident (LPR) parent, spouse and/or child(ren) exceptional and extremely unusual hardship should the Respondent be removed to his or her country of origin. In this case, the Respondent entered the United States without a visa in 1997, and has been living in the U.S.A. illegally since that time. has been filing tax returns many of those years; and has four U.S. Citizen children, aged from thirty (30) months to seventeen (17) years.
The applicant did have one arrest for simple assault which was dismissed, and one conviction for driving while intoxicated. It was his DWI arrest that resulted in Respondent having been turned over to the Immigration Service for Removal Proceedings. The hardship to be endured by the U.S.C. children if the applicant were to be removed from the United States was psychological, as set forth in the psychological evaluation done by a forensic psychologist and submitted by Respondent’s attorneys, the moderate to severe respiratory ailments affecting one of the children, and the language barrier to be experienced in Mexico as none of the children read and write Spanish fluently.
All the attorneys and staff at CELLA & ASSOCIATES, LLC are extremely pleased with this victory as it works to keep a family unified. Not only do we congratulate Respondent and his family, we congratulate Respondent’s Case Manager, Cristina Dangond, and lead attorney who tried this case, Joseph G. Cella, Esq.