Cancellation of Removal (under INA 240A) is available to two different types of respondents in immigration court - non-permanent residents and lawful permanent residents (with green cards). It is generally more difficult to have cancellation of removal granted if the respondent is not a lawful permanent resident, because the criteria for granting cancellation of removal are more demanding.

For non-permanent resident cancellation of removal, the respondent must show the following requirements are met. First, s/he has been continuously residing in the United States for the last ten years. Second, the respondent has had good moral character for the last ten years. Third, s/he has not been convicted of certain offenses. Finally, removal (deportation) would result in "exceptional and extremely unusual hardship" to the respondent's spouse, parent or child, who is a US citizen or lawful permanent resident. The "exceptional and extremely unusual hardship" requirement is a difficult standard to meet.

Cancellation of removal for lawful permanent residents is one of the most common forms of relief from deportation for individuals with green cards. The following requirements apply: 1) five years of permanent residence (with a green card), 2) seven years of continuous residence, 3) no aggravated felony convictions. (For individuals that have been convicted of an aggravated felony, INA 212(c) may be available if the crime was committed before April 24, 1996.) If the three requirements are met, the immigration judge of the removal proceedings makes a discretionary decision whether to grant cancellation of removal. The immigration judge will determine whether the good in the respondent LPR's life outweighs the bad. The immigration judge will analyze several different factors including family ties in the United States, extreme hardship to respondent and family and seriousness of the crimes committed among other things.

Cancellation of removal is a "one time only" form of relief. A respondent granted cancellation of removal under INA 240A cannot be granted cancellation again. Additionally, if a respondent has been granted relief under former INA 212(c), cancellation is not available.

The Nuñez Firm has vast experience representing clients seeking cancellation of removal relief. To discuss your deportation case, contact The Nuñez Firm today to schedule a free and confidential consultation.

How The Nuñez Firm can help you: The Nuñez Firm has helped countless families stay together in the United States and avoid deportation by preparing strong Cancellation of Removal cases. We offer free consultations to determine if your case is eligible for cancellation of removal. We will work closely with you to prepare the strongest Cancellation case possible. We understand that the idea of deportation can be one of the most frightening experiences, and we will do everything we can to help you avoid deportation.

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