by – Glen Palaca Hubahib, Esq.

December is a joyous month for Christians who are celebrating the birth of Jesus Christ. Ditto for Philippine government employees who already spent their Christmas bonus. And for those who managed to line up for the “ayuda” congratulations!

A general view of the Church of the Nativity in Bethlehem

Ghost town Bethlehem. PBS image

For 2024, we have a rare convergence of Christmas Day and the beginning of the Jewish Festival of the Light – Hanukkah. The last couple of times was in 2005, 1959, 1921 and 1910. Just imagine without the conflict going on in Israel – Jews and Christians would have flooded Jerusalem and Betlehem.

A menorah lights up the night.

Menorah. Getty Images

Then we have lunar new year on January 29, 2025. Celebrated mostly by Asian countries and the biggest event is in China. It is the year of the snake and will bring new romantic possibilities and renewed love. However, in the province we have “banacon” bites that exposed that shortcoming of public health services.

Ramadan is expected to be on the evening of February 28. For Muslims it is the commemoration of the first revelation of the Quran to the Prophet Muhammad.

The world has evolved through tradition and conflict. Tradition is mostly festive and happy moment for the people. Conflict is brutal and sometimes is a fight of belief system. And the latter is the challenge we are facing in 2025 and beyond.

Now we proceed with our discussion on Immigration Laws. For this installment – Cancellation of Removal.

The moment a non-immigrant overstayed his or her visa – e.g.tourist or student, etc., that person maybe served with Notice to Appear by the Immigration and Customs Enforcement for violation of US Immigration Law. The notice basically states that because of the overstay the subject person will be removed or deported from the United States.This is analogous to summons except that the subject person shall appear before the US Immigration Court which is an administrative court under the Department of Justice.

There are several reliefs available to the non-immigrant if eligible and qualified, but for this installment we will discuss the relief of Cancellation of Removal. Relief in Immigration Court setting is analogous to a defense in a criminal prosecution.

A cartoon of a person in a classroom

                  Typical Immigration Court. Illustration by Mike Centeno for Borderless magazine

The alien facing removal or deportation may apply for this relief before the Immigration Court and if successful can also obtain a green card. However, there are eligibility requirements:

  1. Lawfully admitted to the Unites States –The alien shall pass through immigration

inspection at the airport, seaport and land border crossing. There are only two land border crossings in the United States – Mexico and Canada.

  1. Continuous physical presence of at least 10 years – The alien shall reside in the United States uninterrupted for at least 10 years.
  2. The alien has been a person of good moral character for the last 10 years –For 

purposes of Immigration Law, it means meeting the standards of an average citizen in the applicant’s community. For example, following the laws, treating others with respect, ethical and being fair or honest or trustworthy.

  1. Has not been convicted of a felony, aggravated felony or a crime involving moral 

turpitude–A felony usually carries six years or more sentence. A misdemeanor even with lesser sentences is a disqualification if it involves moral turpitude. Drug offense is also a disqualification except marijuana conviction of 30 grams or less for personal use.

  1. Exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or a green card holder–Example of the hardship is the alien caring for a sick relative, or the alien is the only parent of the minor child. We sometimes call the US citizen or greencard relative as anchor or qualifying relative.

[Note: Glen Palaca Hubahib is admitted to practice law in California and the Philippines. He also holds Electrical Engineering and MBA degrees. The article is for information only and is nota legal advice. Send your comments to the author at hubahibg@gmail.com.]