Facts: In October of 2020, a married couple and citizens of El Salvador, came to the firm seeking help with their immigration cases because they had been ordered removed in 2005.
The Firm’s Representation: The firm immediately requested our clients’ immigration files from the government through Freedom of Information Act requests. Upon review of our clients’ immigration court files, the firm noticed that the Notices to Appear for our clients did not contain the time and date of the next hearing and were deficient charging documents according to the tenets of the case Pereira v. Sessions, 138 S. Ct. 2105 (2018) in the Supreme Court of the United States. The firm suggested reopening their removal orders so that they could apply for cancellation of removal, which is commonly known as the 10-year green card. Cancellation of removal is available for noncitizens in removal proceedings who have resided in the United States for at least ten years and can demonstrate hardship to their qualifying relatives such as U.S. citizen or lawful permanent resident children, spouses, or parents if the noncitizen was deported. In August of 2021, the firm filed two separate motions to reopen for our clients in the San Antonio Immigration Court and in January of 2022, the motions were granted. Then, the firm consolidated the cases and started the process of applying for cancellation of removal for both of our clients.
Outcome: On December 7, 2023, our clients’ applications for cancellation of removal were tentatively approved in the Baltimore Immigration Court pending visa availability. Needless to say, our clients were extremely happy, overwhelmed, and emotional.
Comments: Our clients in this case were hard-working, tax-paying, law-abiding, and loving parents of two U.S. citizen children, but they had lived in the United States with a cloud of uncertainty hanging over their heads with those old removal orders. The firm prides itself on finding ways to reopen old deportation and removal orders so our clients can move forward and finally obtain lawful status in the United States.