THE REMOVAL BOOK
Editor: Scott Bratton
Coming Soon!
TABLE OF CONTENTS
PART ONE: REMOVAL PROCEEDINGS, GROUNDS OF REMOVAL, AND CONTESTING THE CHARGES IN A NOTICE TO APPEAR
Chapter One: Removal Proceedings
I. Overview of removal proceedings
II. Commencement of removal proceedings under INA § 240
III. Other types of removal proceedings
IV. Proper service of the charging document in proceedings
V. Rights in removal proceedings
VI. Bond Hearings and Parole
VII. Inadmissibility under INA § 212 or Removability under INA § 240 - How Is This Determined
VIII. Immigration Court Practice Manual
IX. Pre-Hearing Motions
X. Juvenile Proceedings
XI. Security checks
Chapter Two: Grounds of Inadmissibility
I. Overview of the Grounds of Inadmissibility
II. Who bears the burden of proof when your clientis charged under INA §212
III. Grounds of Inadmissibility
Chapter Three: Grounds Of Removal
I. Overview of the grounds of removal
II. Document-related grounds of removal
III. Security Grounds
IV. Public charge
V. Unlawful voters
Chapter Four: Contesting Removability
I. Overview
II. Preliminary considerations
III. The decision to concede or contest removability
IV. Grounds to challenge a Notice to Appear
V. Burden of proof in removal proceedings
VI. Special issues where the person is charged with being subject to removal based on criminal grounds
VII. Motions to suppress
VIII. Conclusion
PART TWO: RELIEF FROM REMOVAL
Chapter One: Adjustment Of Status
I. INA § 245(i)
II. Family-based adjustment of status
III. Employment-Based Adjustment of status
IV. Child status Protection Act ("CSPA")
V. Removal of conditional residence
VI. NACARA
VII. Refugee adjustment in removal proceedings
VIII. Registry
IX. Adjustment for certain nationals from Vietnam, Cambodia, and Laos
X. Cuban adjustment Act
Chapter Two: Waivers in Removal Proceedings
I. Overview
II. Discretionary determination
III. Types of Waivers
IV. Conclusion
Chapter Three: Cancellation Of Removal For LPRs and INA § 212(c) Relief
I. Introduction
II. Cancellation of Removal for LPRs
III. INA § 212(c) relief
Chapter Four: Cancellation Of Removal For Non-LPRs
I. Introduction
II. Eligibility
III. Continuous physical presence and the stop-time rule
IV. Repapering
V. Special rule cancellation of removal for a battered spouse or child
VI. Suspension of deportation
Chapter Five: NACARA
I. Introduction
II. Eligibility to Apply
III. Requirements
IV. Statutory Bars
V. IJ jurisdiction to adjudicate NACARA applications
VI. How to file
Chapter Six: Asylum and Withholding Of Removal
I. Overview and benefits of asylum
II. Referred vs. defensive asylum application
III. Real ID Act of 2005
IV. Corroboration of an Asylum Claim
V. On account of standard
VI. Government unwilling or unable to control persecutors
VII. What constitutes persecution
VIII. Past Persecution Claim
IX. Well-founded fear of persecution
X. Exercise of discretion
XI. Bars to Asylum
XII. Withholding of Removal
XIII. Termination of asylum and withholding of removal
XIV. Employment authorizationv
XV. The credible fear process
Chapter Seven: Convention Against Torture
I. Overview
II. CAT regulations and legal standard
III. Definition of torture
IV. Acquiescence of Government officials
V. Withholding of removal versus deferral of removal under CAT
VI. Termination of CAT relief
Chapter Eight: Voluntary Departure
I. Overview and benefits
II. Requirements
III. Failure to post voluntary departure bond
IV. The effect of failing to depart
V. Reinstatement of voluntary departure after an appeal to the Board
VI. Termination of voluntary departure upon filing a motion to reopen or petition for review
Chapter Nine: Naturalization As A Defense To Removal
I. Overview
II. Prima Facie Eligibility for Naturalization
III. Bars to Naturalization
IV. Procedure for termination of removal proceedings to apply for naturalization
Chapter Ten: Other Relief
I. S visa
II. T visa
III. U visa
IV. I-360
V. TPS
VI. Deferred Action
VII. Private Bill
PART THREE: APPEALS AND MOTIONS TO REOPEN
Chapter One:
I. Appeal to the Board of Immigration Appeals
Chapter Two:
I. Motions to Reopen
EDITOR
Scott Bratton is a Partner at Margaret Wong and Associates Co, LPA. His practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Mr. Bratton received his BA in Business Management from Ohio Northern University in 1993 and his JD from the University of Cincinnati College of Law in 1997. Prior to joining our firm, Mr. Bratton was a partner in the law firm of Bratton & Ratliff Co., LPA, where he practiced federal and state criminal law. He has been named a Leading Lawyer by Inside Business Magazine and an Ohio Super Lawyers Rising Star by Cincinnati Magazine, which is an honor reserved for the top 2.5% of young lawyers in Ohio. He has practiced immigration law for almost six years and has been the attorney of record on numerous precedent-setting cases, including Liao v. Rabbett, 398 F.3d 389 (6th Cir. 2005), Singh v. Gonzales, 451 F.3d 400 (6th Cir. 2006), and Iao v. Gonzales, 400 F.3d 530 (7th Cir. 2005), which was discussed in a December 2005 article in the New York Times. He has also spoken at numerous immigration conferences and has been quoted in several newspaper articles, including a June 2006 story on immigration court that ran in newspapers across the country.
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