Removal Proceedings, Relief from Removal, and Appeals
The removal process
Removal proceedings begin with a Notice to Appear (NTA) filed with the immigration court. Know the statutory elements of a proper NTA and the consequence of a defective one. The respondent has the right to counsel at no government expense, the right to examine evidence, and the right to appeal an adverse decision to the Board of Immigration Appeals (BIA).
Relief from removal
Common forms of relief include cancellation of removal (LPR and non-LPR), asylum, withholding, Convention Against Torture protection, adjustment of status, and voluntary departure. Traps: the stop-time rule for cancellation, the continuous physical presence and good moral character requirements, and the heightened standard for CAT protection.
Appeals
Know the deadline for a Notice of Appeal to the BIA (30 days), the difference between a direct appeal and a motion to reopen or reconsider, and the standard of review. A candidate must also understand the role of the federal courts in reviewing final orders.
Worked example
A respondent has been in the U.S. for 12 years and has a U.S. citizen child. Rule of thumb: cancellation of removal for non-LPRs requires 10 years continuous physical presence, good moral character, no disqualifying convictions, and exceptional and extremely unusual hardship to a qualifying relative - a very high standard.