A trauma-informed based approach to immigration defense.  

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            Cancellation of Removal.  The laws which govern immigration provide undocumented immigrants residents with a defense in removal (or deportation) proceedings called cancellation of removal.  In order to apply for this defense, you must show:

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1. Continuous Physical Presence in the United States for ten years (no trips longer than 90 consecutives days or combined, no longer than 180 days); 

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2.  Good Moral Character- though not specifically defined, a person shows good character in a variety of ways including demonstrating that they are a caring and responsible parent, a reliable employee, and dedicated to serving the community.  Often this evidence comes in the form statements from your community members, churches and employers.  

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3.  Extreme & Unusual Hardship- That the undocumented person's removal from the U.S. would result in extreme and unusual hardship to a family member who is a lawful permanent resident or citizen of the United States.  

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4. Admissibility- Last, cancellation of removal can be denied if you have committed a crime listed in INA sections 212(a)(2), 237(a)(2), or 237)(a)(3).  See Reference Sheet

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             Affirmative and Defensive Asylum.  Asylum can be affirmative or defensive.  If an applicant is in removal proceedings, the applicant may apply for asylum as a defense to removal.  

 

             Asylum claims are based on (1) a well-founded fear of persecution (2) based on past persecution or risk of persecution in the future if returned to the country of origin (3) because of the applicant’s membership in a particular social group (PSG) wherein (4) the persecutor is a government actor and/or a non-governmental actor that the government is unwilling or unable to control. 

 

           Persecution is a central concept in asylum law.  But what is persecution? 

    Physical/Emotional Harm As Persecution

            Physical harm inflicted on one is usually regarded as persecution. Harm can be in the form of forceful treatment. Harm can be regarded as persecution even if the inflictor had a rational purpose behind it.  Usually medical records documenting the harm or credible testimony will establish this element.  Emotional trauma may constitute persecution. 

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      Threats As Persecution In Asylum Cases 

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              Threats of harm are common among asylum seekers.  The threats to inflict physical or reputational harm must have caused the applicant to fear the persecutor.   

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              As such, those seeking asylum are often the most vulnerable clients in need of legal representation.  These defenses discussed above can also provide a path toward citizenship for other qualified family members as well.  

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