» Cancellation of Removal

Cancellation of Removal

Our client from Brazil did not initially qualify for Cancellation of Removal as she did not have the requisite 10 years in the U.S. and so she intended to seek voluntary departure on the day of her Merits hearing. However, based on the recent Third Circuit ruling in Guadalupe vs. Attorney General, No. 19-2239, 3rd Circ., 2020, the Court of Appeals found that a Notice to Appear without a specific date and time of service did not cut off the 10 year physical presence requirement. As such our client did qualify for cancellation of removal, as she had, at the time of the Merits hearing, accrued 10 years. The case was then postponed for the submission of an application for cancellation.