Cancellation of removal

Background

Prior to April 1, 1997, the effective date of IIRIRA, a legal remedy known as "suspension of deportation" was available to aliens in deportation proceedings. Although functionally similar to cancellation of removal, suspension of deportation did not distinguish between "permanent residents" of the United States and "nonpermanent residents." To obtain suspension of deportation, an applicant under the pre-IIRIRA standard was required to fulfill the following: (1) continuous physical presence in the United States for a period of at least seven years; (2) "good moral character" during that entire period; and (3) that the applicant's deportation from the United States would result in "extreme hardship" to the applicant or any qualifying relative, which was mainly the applicant's spouse, parents, or children, who were either citizens or LPRs of the United States. After these three requirements were met, the LPR was granted relief irrespective of his or her age, health, race, color, religion, nationality, political affiliation, political opinion, etc.

Legal standard

Lawful permanent residents of the United States

The INA states the following:

According to the BIA, "cancellation of removal is both discretionary and prospective in nature."

Nonpermanent residents

Regarding a nonpermanent resident, the Attorney General is expected to cancel the removal proceedings (and adjust the status of such alien to that of an LPR) if the alien:

References

This article in most part is based on law of the United States, including statutory and latest published case law.

References

1. INA § 240A(a), {{uscsub. 8. 1229b. a
2. ''Othi v. Holder'', [https://web.archive.org/web/20180829072235/https://casetext.com/case/othi-v-holder#p265 734 F.3d 259], 264-65 ([[United States Court of Appeals for the Fourth Circuit. 4th Cir.]] 2013) ("In 1996, Congress 'made major changes to immigration law' via [[IIRIRA]]. . . . These IIRIRA changes became effective on April 1, 1997.").
3. INA § 240A(b), {{uscsub. 8. 1229b. b ("Cancellation of removal and adjustment of status for certain nonpermanent residents").
4. "suspension of deportation".
5. (June 2017). "Estimates of the Lawful Permanent Resident Population in the United States: January 2014". U.S. Dept. of Homeland Security (DHS).
6. Stanton, Ryan. (May 11, 2018). "Michigan father of 4 was nearly deported; now he's a U.S. citizen". www.mlive.com.
7. Sakuma, Amanda. (October 24, 2014). "Lawsuit says ICE attorney forged document to deport immigrant man". [[MSNBC]].
8. ''Matter of Perez'', [https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3389.pdf 22 I&N Dec. 689], 691 (BIA 1999) (en banc) (reversed on other grounds).