In the world of immigration law, few victories are as significant or as emotionally resonant as a successful Cancellation of Removal case. Recently, our very own Omaha immigration attorney, Larry Jarvis, secured one of these rare and crucial wins for a deserving client. Our client is a father and grandfather who has been a Lawful Permanent Resident (LPR) of the United States for over 30 years.
This victory is monumental. It means that our client, an upstanding member of the community who has diligently followed all the laws, will not be separated from his family and deported. After decades of building a life in the U.S., his lawful permanent residency has been restored, allowing him to stay in the country he calls home.
The Gravity of "Cancellation of Removal" for Lawful Permanent Residents (LPRs)
For those unfamiliar with the legal term, Cancellation of Removal for an LPR is a powerful form of relief, but it is not easily granted. It is a "one-time deal" that essentially allows a judge to pardon certain grounds of deportability.
To even be considered, a Lawful Permanent Resident must generally meet three core Federal immigration law requirements:
- They must have been an LPR for at least five years.
- They must have resided continuously in the U.S. for at least seven years after being lawfully admitted.
- They must not have been convicted of an aggravated felony.
Even when these requirements are met, winning the case is a matter of discretion. The Immigration Judge must weigh the client’s positive contributions, like family ties, length of residence, and community service, against the reasons they were placed in removal proceedings. For our client, after 30 years of building a life, the stakes were incredibly high, and the outcome relied entirely on a compelling legal defense.
Navigating Immigration Law in Nebraska and Beyond
While the Cancellation of Removal process is governed by Federal immigration law, the daily lives of immigrants in Omaha and throughout Nebraska are also impacted by state and local laws.
In Nebraska, state-level policies often focus on cooperation with federal immigration efforts. For example, Nebraska has seen efforts to align state agencies with federal enforcement, such as Governor Pillen’s executive orders expressing support for federal immigration policy.
However, Omaha local law enforcement, like many police departments across the country, has publicly stated that their mission is community safety for everyone. Omaha Police policy generally dictates that they will not detain individuals solely for immigration enforcement and prefer to leave that role to federal authorities like ICE. This stance is meant to encourage all residents, regardless of status, to report crimes without fear.
Despite these local efforts, the complex interplay between state and federal actions means that any interaction with the legal system, especially the criminal justice system, can have profound and unexpected immigration consequences.
Key Takeaways from Larry’s Winning Case
Larry’s success in this difficult case, even with the client detained far away in Texas, provides vital lessons for all Lawful Permanent Residents and non-citizens living in Nebraska and the U.S.
1. Consult an immigration attorney before accepting and/or entering a plea in a criminal case.
The criminal and immigration legal systems are intertwined. What seems like a minor plea deal in a state criminal court can easily trigger deportation proceedings under Federal law. Never accept a criminal plea without first understanding the full immigration consequences from an experienced attorney.
2. If you are a Lawful Permanent Resident (LPR) for at least 5 years and in deportation proceedings, you should consult a lawyer about your options.
As shown by our client's case, having an LPR status for over 30 years is not a guaranteed shield against deportation. However, meeting the statutory requirements for Cancellation of Removal gives you a critical defense. Don't face the Immigration Court alone. An experienced attorney can evaluate your eligibility and argue for a favorable exercise of discretion.
3. We can assist you even if detained outside of Nebraska.
Our client was detained in Texas, but that didn't stop us. Immigration law is a federal practice, meaning our team can provide defense to individuals detained across the country, not just in Omaha or Lincoln.
Facing Deportation as an LPR? Don’t Risk Your Future.
If you or a loved one is a Lawful Permanent Resident in removal proceedings, an aggressive, experienced defense is your best and often only option. Contact Carlson & Blakeman, LLP today for a consultation to discuss your Cancellation of Removal or other defense strategies.
Call (402) 858-0996 or contact our Omaha immigration team to request an initial consultation. Hablamos español.