On May 4th, IDP and the Stanford Law School Immigrant Rights Clinic issued an updated practice advisory with model briefing for immigrants and their lawyers fighting criminal bars on eligibility for relief from removal. In an application for relief from removal, the noncitizen has the burden to prove that he or she is eligible for relief. If the noncitizen has a criminal conviction in his or her past, this may include establishing that the conviction does not fall within a criminal bar to relief eligibility, e.g., aggravated felony bar to the relief of cancellation of removal.
This advisory and the accompanying model briefing provides arguments to persuade adjudicators that an immigrant meets his or her burden when the criminal record evidence does not conclusively establish that the conviction falls within the relevant criminal ground bar. Although this advisory focuses on the aggravated felony bar to cancellation of removal for lawful permanent residents, portions of the advisory may also be helpful in analyzing other criminal bars faced by noncitizens applying for other forms of relief from removal.
For a copy of this advisory, click here.