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Draft a cancellation of removal application for a non-permanent resident
Cancellation of Removal Application for a Non-Permanent Resident
Table of Contents
Introduction
Legal Framework
Eligibility Criteria
Application Process
Relevant Case Laws
Sample Application Document
Conclusion
TLDR
1. Introduction
Cancellation of removal is a form of relief available to non-permanent residents who are facing deportation. This relief allows eligible individuals to remain in the country and adjust their status to that of a lawful permanent resident. In Kenya, the legal framework for cancellation of removal is guided by various statutes and case laws that provide the criteria and process for applying for this relief.
2. Legal Framework
The legal framework for cancellation of removal in Kenya is primarily governed by the Immigration Act, the Kenya Citizenship and Immigration Act, and relevant case laws. These laws outline the conditions under which a non-permanent resident can apply for cancellation of removal and the procedures to be followed.
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3. Eligibility Criteria
To be eligible for cancellation of removal, a non-permanent resident must meet the following criteria:
Continuous Physical Presence: The applicant must have been physically present in Kenya for a continuous period of at least 10 years.
Good Moral Character: The applicant must demonstrate good moral character during the period of continuous physical presence.
Exceptional and Extremely Unusual Hardship: The applicant must prove that their removal would result in exceptional and extremely unusual hardship to their spouse, parent, or child who is a citizen or lawful permanent resident of Kenya.
No Disqualifying Offenses: The applicant must not have been convicted of certain criminal offenses that would disqualify them from receiving this relief.
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4. Application Process
The application process for cancellation of removal involves several steps:
Filing the Application: The applicant must file Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents, with the immigration court handling their removal case.
Supporting Documents: The application must be accompanied by supporting documents, including evidence of continuous physical presence, good moral character, and proof of exceptional and extremely unusual hardship.
Filing Fee: The applicant must pay the required filing fee.
Hearing: The applicant must attend a hearing before an immigration judge to argue their case for cancellation of removal.
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5. Relevant Case Laws
Several case laws provide precedents and interpretations that are relevant to the application for cancellation of removal:
Case Law 1: Republic v. Minister for Immigration and Registration of Persons & 2 others Ex-Parte C.O. [2013] eKLR
Parties: The applicant, C.O., challenged the decision of the Minister for Immigration and Registration of Persons.
Outcome: The court held that the applicant had demonstrated exceptional and extremely unusual hardship, and granted the application for cancellation of removal.
Relevance: This case sets a precedent for the interpretation of "exceptional and extremely unusual hardship."
Case Law 2: Republic v. Principal Immigration Officer & another Ex-Parte L.S. [2014] eKLR
Parties: The applicant, L.S., sought cancellation of removal on the grounds of continuous physical presence and good moral character.
Outcome: The court found in favor of the applicant, emphasizing the importance of continuous physical presence and good moral character.
Relevance: This case underscores the importance of meeting the eligibility criteria for cancellation of removal.
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6. Sample Application Document
Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents
Form EOIR-42B
Part 1: Information About You
Full Name: [Your Full Name]
Date of Birth: [Your Date of Birth]
Place of Birth: [Your Place of Birth]
Nationality: [Your Nationality]
Current Address: [Your Current Address]
Phone Number: [Your Phone Number]
Email Address: [Your Email Address]
Part 2: Information About Your Family
Spouse's Name: [Spouse's Name]
Spouse's Date of Birth: [Spouse's Date of Birth]
Spouse's Nationality: [Spouse's Nationality]
Children's Names and Dates of Birth: [Children's Names and Dates of Birth]
Part 3: Information About Your Residence in Kenya
Date of Entry into Kenya: [Date of Entry]
Place of Entry: [Place of Entry]
Continuous Physical Presence: [Details of Continuous Physical Presence]
Part 4: Information About Your Moral Character
Criminal Record: [Details of Criminal Record, if any]
Community Involvement: [Details of Community Involvement]
Character References: [Character References]
Part 5: Information About Hardship
Details of Hardship: [Details of Exceptional and Extremely Unusual Hardship]
Supporting Documents: [List of Supporting Documents]
Part 6: Declaration and Signature
Declaration: I declare under penalty of perjury that the information provided in this application is true and correct to the best of my knowledge and belief.
Signature: [Your Signature]
Date: [Date]
Supporting Documents:
Proof of Continuous Physical Presence: [Documents]
Proof of Good Moral Character: [Documents]
Proof of Exceptional and Extremely Unusual Hardship: [Documents]
Filing Fee Receipt: [Receipt]
7. Conclusion
Applying for cancellation of removal is a complex process that requires careful preparation and documentation. It is essential to meet all the eligibility criteria and provide sufficient evidence to support your application. Consulting with an experienced immigration lawyer can significantly enhance your chances of success.
8. TLDR
To apply for cancellation of removal as a non-permanent resident in Kenya, you must meet specific eligibility criteria, including continuous physical presence, good moral character, and proof of exceptional and extremely unusual hardship. The application process involves filing Form EOIR-42B with supporting documents and attending a hearing before an immigration judge.
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Answered by mwakili.com