Thursday, June 21st, 2018

Practice Advisory: Model Briefing for Defending Eligibility for LPR Cancellation of Removal Where the Record of Conviction Is Inconclusive

"On May 4th, IDP and the Stanford Law School Immigrant Rights Clinic
issued an updated practice advisory with model briefing for immigrants
and their lawyers fighting criminal bars on eligibility for relief from
removal.  In an application for relief from removal, the noncitizen has
the burden to prove that he or she is eligible for relief.  If the
noncitizen has a criminal conviction in his or her past, this may
include establishing that the conviction does not fall within a criminal
bar to relief eligibility, e.g., aggravated felony bar to the relief of
cancellation of removal.  This advisory and the accompanying model
briefing provides arguments to persuade adjudicators that an immigrant
meets his or her burden when