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  • mohan
    replied
    these are two different things. and its also not what was discribed here.
    Advise 2 had defined the entire different issure.
    the issure advise2 had defined was difference between suspension of deportation and cencellation of removal.
    UNDER IRIIRA act of 1996, Suspension of deportation made it to the tougher level. before this act it was called suspension of deportation ( UNDER IMMACT 1990)and alien should have 7years physical presence without short departure, He should have good Moral, And third requirement is hardship tp USC/LPR and Alien as well.
    BUT IN IRIIRA act of 96 the Standard of physical presence boosted upto 10 years and Extreme hardship level boosted to unusual extreme hardship and this unusual extreme hardship is limit to USC/LPR only. 9other factor remain same.
    Noe its called Cencellation of removal. The another factor is NTA, Notice to appear will stop the clock of physical presence.
    This rule was implemented on Sept end 1996 and imposed on april 1st 1997, Between this period have seperate rule called transitional rule.

    But we are not talking the SUSPENSION/cencellation HERE. the question is Proceedings.
    Proceedings are is someone put into proceeding either deportation Or removal.
    In IMMACT 90 Alien who are issued OSC , will be in Deportation proceeding, show cause notice will initiate deportation proceedings but it will not stop the clock of physical proceedings.
    where ever NTA will be issued to put in Removal proceedings and Physical presence clock will be stoped on the day when NTA was issued. If the alien didnot completed 10 years before NTA was issued he cannot come back at later stage and ask for cencellation of removal if removal order outstanding, But in other case alien can even if he has deportation order outstanding , Why? Because No NTA issued and his physical clock is still running even if he have outstanding deportation.

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  • Guest's Avatar
    Guest replied
    Removal and deportation are not the same. Though it is correct that removal is the a new term, but with the term came a whole lot of new rules to overcome in order to chancel such a removal order.

    This is in big contrast to an easier to-overcome case of deportation. The proceedings and qualifications for relief are entirely different! People who have been put into "removal" for violations or problems before the law changes (generally before 1996/97) can sometimes argue that even if they're now removable, they were not deportable before the laws changed and therefore request "equal protection" by being subject to the laws then their violation occured. This is a very complex branch of immigration law; stay tuned for major land mark decisions!

    In general, if you're currently in removal proceedings for something factual that happened before say 97 (then the law changes went into full effect), you may have a chance to qualify for "chancelation of deportation" instead of having to fight for the harder to obtain "chancelation of removal" proceedings! Good luck

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  • Bushmaster
    replied
    Deportation is the old name, removal is the new name of the same proceedings...

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Experts please help:

    What is the defference between removal proceedings and deportations proceedings?

    Also, please comment on 'summons to hearings.'
    Is this different from the preceeding ones?

    Thanks

    Leave a comment:


  • Guest's Avatar
    Guest started a topic <<>> removal proceedings vs. deportation proceedings

    <<>> removal proceedings vs. deportation proceedings

    Experts please help:

    What is the defference between removal proceedings and deportations proceedings?

    Also, please comment on 'summons to hearings.'
    Is this different from the preceeding ones?

    Thanks
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