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Draft a cancellation of removal application for a non-permanent resident
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
Introduction
Eligibility Requirements
Filing the Application
Supporting Documents
Case Laws
Conclusion
TLDR
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:
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.
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