Cancellation of Removal
What does "Cancellation of Removal" mean in law?
Cancellation of removal is a discretionary form of relief from removal available under INA section 240A, adjudicated by immigration judges. It exists in two forms: for lawful permanent residents (LPRs), who must demonstrate five years of LPR status, seven years of continuous residence, and no aggravated felony conviction; and for certain nonpermanent residents, who must show ten years of continuous physical presence, good moral character, and that removal would result in exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR spouse, parent, or child. The 'exceptional and extremely unusual hardship' standard is deliberately demanding and exceeds ordinary hardship -- the BIA in Matter of Recinas established that economic hardship alone is generally insufficient. If granted, cancellation results in adjustment to LPR status for non-LPR applicants, or retention of LPR status for permanent residents.
Definition
Cancellation of removal is a discretionary form of relief from removal available under INA section 240A, adjudicated by immigration judges. It exists in two forms: for lawful permanent residents (LPRs), who must demonstrate five years of LPR status, seven years of continuous residence, and no aggravated felony conviction; and for certain nonpermanent residents, who must show ten years of continuous physical presence, good moral character, and that removal would result in exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR spouse, parent, or child. The 'exceptional and extremely unusual hardship' standard is deliberately demanding and exceeds ordinary hardship -- the BIA in Matter of Recinas established that economic hardship alone is generally insufficient. If granted, cancellation results in adjustment to LPR status for non-LPR applicants, or retention of LPR status for permanent residents.
Example
A mother of three U.S. citizen children who has lived in the United States for twelve years without lawful status applies for cancellation of removal, arguing that her deportation would cause exceptional and extremely unusual hardship to her children.