Cancellation of Removal Granted to Permanent Resident
Almost twenty years ago, with her husband, Ana came to the United States as a tourist to visit her daughter, her son-in-law, and grandson. Soon thereafter, Ana’s daughter became a U.S. citizen and immediately petitioned for (or “sponsored”) her parents. Within a year, each parent had become a Permanent Resident of the United States.
For several years, everything went well for Ana. Her husband and she were working. They became grandparents again. But Ana’s marriage fell apart. Her husband moved out, They got divorced, and Ana took all of that very hard. She became anxious and depressed. She went to live with her daughter. However, she continued to work and to support herself. Her increasing anxiety led her to take things that were not hers. Little things, such as candy bars, toothbrushes, pens, and so on. Occasionally, in a store, due to her severe anxiety, she could not bear to wait on line. When that happened, she would leave the line and often the leave the store with the item or items in her hand or in her bag.
Of course, Ana got caught from time to time. In fact she was caught nine times in a twelve year period of time, which ended four years ago. (Many more times, according to Ana, she did not get caught.) Ana ended up getting convicted of petit larceny, or attempted petit larceny, five times. The DHS found out about this, detained her for a short period of time, and put her in removal proceedings (in New York City).
With her daughter by her side, Ana retained me two years ago. Before the Immigration Judge, we applied for Cancellation of Removal. We submitted numerous documents to support her Cancellation case. The final hearing took place earlier this month. Ana and her daughter testified, as did Ana’s psychotherapist. The DHS attorney and I asked each witness many questions. The Judge also had questions for each witness. Although neither the Judge nor the DHS attorney was completely convinced that Ana would not try to steal something again, the DHS attorney informed the Judge that, should she, the Judge, grant Ana’s application for cancellation of removal, the DHS would not appeal. Ana won her case.
This means that Ana has kept her Permanent Resident status. In 2017, she will be eligible to apply for naturalization.
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