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We Won: Cancellation of Removal for an Abuse Survivor After 10 Months in ICE Detention

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Yesterday, an Immigration Judge in the El Paso Immigration Court granted Cancellation of Removal to our client — a mother, a domestic abuse survivor, and a woman who had spent nearly ten months inside an ICE detention facility waiting for her case to be heard. The judge’s order releases her from custody immediately, terminates the proceedings against her with relief, and places her on a path to becoming a lawful permanent resident of the United States.

It is a result worth pausing on. Not because courtroom victories are rare — they are not, when the facts are strong and the work is thorough — but because of what this particular case demanded. Remote litigation across state lines. A detained docket with compressed timelines. A client who had survived serious harm and then survived months of confinement while fighting for the right to stay with her children in the only country they have ever called home.

We are proud of this outcome. More than that, we want to explain it — what Cancellation of Removal actually is, what the evidence in these cases looks like, and why having the right legal team on a detained docket makes all the difference.

CASE SUMMARY

Court: El Paso Immigration Court (EOIR)

Decision Date: May 26, 2026

Relief Granted: Cancellation of Removal — INA § 240A(b)

Detention Period: Approximately 10 months

Counsel of Record: Ahmad Yakzan, Esq. — Florida Bar No. 88886

Client: Survivor of domestic abuse; mother of U.S. citizen children

What Is Cancellation of Removal?

Cancellation of Removal under INA § 240A(b) is one of the most demanding forms of immigration relief available to non-permanent residents. Congress designed the bar high on purpose. To qualify, a respondent must satisfy four requirements simultaneously:

1. Ten Years of Continuous Physical Presence. The applicant must have been continuously present in the United States for at least ten years before the Notice to Appear was served. Brief departures may or may not break the continuous presence calculation — the analysis matters and can be outcome-determinative.

2. Good Moral Character. The applicant must demonstrate good moral character throughout that same ten-year period. Certain criminal convictions are automatic bars. Others require careful factual development.

3. Exceptional and Extremely Unusual Hardship. This is the hardest element to satisfy — and the one that drives most denials. The hardship must fall on a qualifying relative: a U.S. citizen or lawful permanent resident spouse, parent, or child. The standard is not the ordinary hardship of separation that accompanies any removal. It must be hardship that is substantially beyond what is typically expected. Evidence of medical conditions, educational needs, the child’s ties to the United States, the conditions in the country of removal — all of it matters and must be documented.

4. No Disqualifying Convictions. Certain criminal history bars the application as a matter of law.

“This outcome reflects the statutory hardship standard and the evidence presented at the individual hearing. We are pleased that the court granted relief and that our client will be reunited with her family.”

— Ahmad Yakzan, Founder, American Dream Law Office PLLC

What Made This Case Difficult

Our client’s case was litigated on the detained docket. That matters. A detained docket operates at an accelerated pace, with hearing dates that can arrive quickly and little room for procedural delay. When a client is detained, the logistical challenges compound every aspect of case preparation: gathering records, coordinating with witnesses, obtaining country conditions evidence, communicating with a client who is physically confined — sometimes hundreds of miles from the nearest family member.

Our client is a survivor of domestic abuse. That history was central to her story and relevant to the hardship she and her children would face if she were removed. Building a case that accurately captured that reality — and presenting it in a way that met the legal standard — required careful, sensitive collaboration with our client across every stage of preparation.

She is also the mother of U.S. citizen children. Those children’s ties to this country, their needs, their futures — these were not talking points. They were documented facts that we presented to the court. The hardship showing in a Cancellation case is built piece by piece from evidence, not from sympathy. That distinction is critical.

What This Means for Her — and for Others Like Her

With the grant of Cancellation of Removal, our client’s removal proceedings are terminated. She is released from ICE custody. She becomes eligible to apply for lawful permanent resident status. After ten months of detention and years of uncertainty, she can go home to her children.

Cases like this one are a reminder of what is actually at stake in immigration court. These are not abstractions. They are people — mothers, workers, community members — whose entire futures turn on whether the law is applied correctly and whether they have counsel who will do the work required to present their case.

If you or someone you know is facing removal proceedings — whether detained or non-detained — the time to act is before the hearing, not after. The hardship standard is demanding. The evidence must be built in advance. The legal arguments must be developed with precision. That work takes time, and it cannot be rushed at the last moment.

We take these cases seriously. We have the courtroom experience to handle detained dockets, remote litigation, and the full complexity of removal defense. We represent clients across Florida and, when the case demands it, before immigration courts nationwide.

Disclaimer: Outcomes in immigration cases depend on the specific facts and circumstances of each matter. Past results do not guarantee a similar outcome in any future case. Nothing in this blog post constitutes legal advice or creates an attorney-client relationship. The client’s identity has been withheld to protect her privacy and safety as a survivor of domestic abuse.