## Cancellation of Removal Application for a Non-Permanent Resident

This document is a sample cancellation of removal application for a non-permanent resident in Kenya. It is important to note that this is a sample document and should not be used without the advice of a qualified legal professional.

### Table of Contents

1. Introduction
2. Eligibility Requirements
3. Filing the Application
4. Supporting Documents
5. Case Laws
6. Conclusion
7. TLDR
8. Sample Cancellation of Removal Application

### Introduction

Cancellation of removal is a legal process that allows certain non-permanent residents to remain in Kenya despite facing deportation. This process is governed by the Immigration and Nationality Act (INA) and is available to individuals who meet specific eligibility requirements.

### Eligibility Requirements

To be eligible for cancellation of removal, a non-permanent resident must meet the following requirements:

* **Continuous Physical Presence:** The applicant must have been physically present in Kenya for at least 10 years immediately preceding the filing of the application. This period may be interrupted by absences, but the total time spent outside Kenya cannot exceed 180 days.
* **Good Moral Character:** The applicant must have maintained good moral character for at least 10 years preceding the filing of the application. This means that the applicant must not have been convicted of any serious crimes or engaged in any other activities that would make them ineligible for permanent residency.
* **Exceptional and Extremely Unusual Hardship:** The applicant must demonstrate that their removal from Kenya would result in exceptional and extremely unusual hardship to their qualifying relative(s). This hardship must be more than the usual hardship experienced by a person who is separated from their family.

### Filing the Application

The application for cancellation of removal must be filed with the Kenyan Immigration Department. The application must be accompanied by the required filing fee and supporting documents.

### Supporting Documents

The following documents must be submitted with the application for cancellation of removal:

* **Form EOIR-42B:** This form is used to apply for cancellation of removal for certain non-permanent residents.
* **Proof of Continuous Physical Presence:** This can include passport stamps, visa records, and other documents that show the applicant's entry and exit dates from Kenya.
* **Proof of Good Moral Character:** This can include police certificates, employment records, and other documents that show the applicant's good moral character.
* **Proof of Exceptional and Extremely Unusual Hardship:** This can include medical records, financial statements, and other documents that show the hardship that would be experienced by the applicant's qualifying relative(s) if the applicant were removed from Kenya.

### Case Laws

Several case laws have been decided in Kenya that are relevant to cancellation of removal. These cases provide guidance on the interpretation of the eligibility requirements and the process for filing an application.

* **Case Name:** [Case Name]
* **Citation:** [Citation]
* **Facts:** [Facts of the case]
* **Holding:** [Holding of the court]
* **Relevance:** [Relevance of the case to cancellation of removal]

* **Case Name:** [Case Name]
* **Citation:** [Citation]
* **Facts:** [Facts of the case]
* **Holding:** [Holding of the court]
* **Relevance:** [Relevance of the case to cancellation of removal]

* **Case Name:** [Case Name]
* **Citation:** [Citation]
* **Facts:** [Facts of the case]
* **Holding:** [Holding of the court]
* **Relevance:** [Relevance of the case to cancellation of removal]

### Conclusion

Cancellation of removal is a complex legal process that requires careful consideration of the eligibility requirements and the supporting documentation. It is important to consult with a qualified legal professional to determine if you are eligible for cancellation of removal and to ensure that your application is properly filed.

### TLDR

Cancellation of removal is a legal process that allows certain non-permanent residents to remain in Kenya despite facing deportation. To be eligible, the applicant must have been physically present in Kenya for at least 10 years, have good moral character, and demonstrate that their removal would result in exceptional and extremely unusual hardship to their qualifying relative(s).

### Sample Cancellation of Removal Application

---

**Form EOIR-42B**

**Application for Cancellation of Removal for Certain Non-Permanent Residents**

**Applicant Information**

* **Full Name:** [Your Full Name]
* **Date of Birth:** [Date]
* **Country of Citizenship:** [Country]
* **Address:** [Your Address]
* **Phone Number:** [Your Phone Number]
* **Email Address:** [Your Email Address]

**Qualifying Relative Information**

* **Full Name:** [Qualifying Relative's Full Name]
* **Date of Birth:** [Date]
* **Country of Citizenship:** [Country]
* **Address:** [Qualifying Relative's Address]
* **Relationship to Applicant:** [Relationship]

**Declaration**

I, [Your Full Name], hereby declare that the information provided in this application is true and correct to the best of my knowledge and belief. I understand that any false or misleading information may result in the denial of my application.

**Signature:**

**Date:**

**Supporting Documents**

* **Proof of Continuous Physical Presence:** [List of documents]
* **Proof of Good Moral Character:** [List of documents]
* **Proof of Exceptional and Extremely Unusual Hardship:** [List of documents]

**Witness Information**

* **Full Name:** [Witness 1 Full Name]
* **Address:** [Witness 1 Address]
* **Phone Number:** [Witness 1 Phone Number]

**Signature:**

**Date:**

**Witness Information**

* **Full Name:** [Witness 2 Full Name]
* **Address:** [Witness 2 Address]
* **Phone Number:** [Witness 2 Phone Number]

**Signature:**

**Date:**

---

**Sources:**

* [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/sublegview.xql?subleg=CAP.%2021)
* [Kenya Immigration Department](https://fns.immigration.go.ke/)

This document is a sample cancellation of removal application for a non-permanent resident in Kenya. It is important to note that this is a sample document and should not be used without the advice of a qualified legal professional.

### Cancellation of Removal Application for a Non-Permanent Resident

---

#### Table of Contents

1. Introduction
2. Legal Framework
3. Eligibility Criteria
4. Application Process
5. Relevant Case Laws
6. Sample Application Document
7. Conclusion
8. 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.

**Sources:**
- [Kenya Citizenship and Immigration Act](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20172)
- [Immigration Act](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20172)

---

### 3. Eligibility Criteria

To be eligible for cancellation of removal, a non-permanent resident must meet the following criteria:

1. **Continuous Physical Presence:** The applicant must have been physically present in Kenya for a continuous period of at least 10 years.
2. **Good Moral Character:** The applicant must demonstrate good moral character during the period of continuous physical presence.
3. **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.
4. **No Disqualifying Offenses:** The applicant must not have been convicted of certain criminal offenses that would disqualify them from receiving this relief.

**Sources:**
- [Kenya Citizenship and Immigration Act](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20172)
- [Immigration Act](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20172)

---

### 4. Application Process

The application process for cancellation of removal involves several steps:

1. **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.
2. **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.
3. **Filing Fee:** The applicant must pay the required filing fee.
4. **Hearing:** The applicant must attend a hearing before an immigration judge to argue their case for cancellation of removal.

**Sources:**
- [Kenya Citizenship and Immigration Act](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20172)
- [Immigration Act](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20172)

---

### 5. Relevant Case Laws

Several case laws provide precedents and interpretations that are relevant to the application for cancellation of removal:

1. **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."

2. **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.

**Sources:**
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20172)

---

### 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:**

1. **Proof of Continuous Physical Presence:** [Documents]
2. **Proof of Good Moral Character:** [Documents]
3. **Proof of Exceptional and Extremely Unusual Hardship:** [Documents]
4. **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.

---

**Sources:**
- [Kenya Citizenship and Immigration Act](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20172)
- [Immigration Act](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20172)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20172)

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