Wednesday, February 1st, 2017

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

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"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