Judge Will Not Budge on Injunction against Immigration Action

By The Law Office of Perry A. Craft | April 10, 2015

In February, we wrote about a Texas judge who prohibited President Obama from putting the Deferred Action for Parents of Americans and Lawful Permanent Residents plan into effect. Twenty-six states, including Tennessee sued the President. On April 7, 2015, the White House asked the judge to lift the injunctions so they might proceed.

U.S. District Judge Andrew Hanen denied the request. The Wall Street Journal reported that “Judge Hanen also issued a separate ruling allowing the states to conduct discovery into their separate claim that the administration, beginning late last year, improperly implemented part of its immigration program, even though it had allegedly represented to Judge Hanen that it wouldn’t do so until February.”

The Fifth U.S. Circuit Court of Appeals will hear oral arguments on April 17, 2015, regarding these matters.

What to do if you are facing removal

Until the injunction is lifted, President Obama and his administration cannot continue to work on either plan. This means that undocumented immigrants and their children are still at risk of removal. If you are one of those people, you may receive a Notice to Appear before a judge. If you do, you can request relief from removal and work with your immigration attorney on your case.

One of the kinds of relief you can request is called Cancellation of Removal, where your deportation is simply cancelled by an immigration judge. You may be eligible for cancellation if:

  1. You have been battered or subjected to extreme cruelty in the United States by a United States citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent;
  2. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for three (3) years or more and you have been a person of good moral character as defined in section 101(f) of the INA during such period;
  3. You are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of an aggravated felony as defined under the INA;
  4. (a) Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident; or (b) You are a child whose removal would result in extreme hardship to you or your parent; and
  5. You are deserving of a favorable exercise of discretion on your application.

Whether you apply for cancellation of removal or not, this process can take a very long time; in fact, the average time an immigration court case takes is about nearly two years (sometimes longer, sometimes shorter). You need an experienced Nashville immigration lawyer by your side to help you through it all. Contact the Law Office of Perry A. Craft, PLLC. We can help you.

Posted in Immigration