What Is Cancellation of Removal?

Cancellation of removal is a form of immigration court relief available to certain individuals who are already in removal proceedings. If granted, this relief allows an eligible person to avoid deportation and, in some cases, obtain lawful permanent resident status (a green card).

Because cancellation of removal is decided during immigration court proceedings, applicants must present evidence and testimony before an immigration judge, who determines whether the legal requirements have been met.

What does cancellation of removal mean

Cancellation of removal refers to a legal remedy that allows some individuals facing deportation to remain in the United States.

This form of relief is available only during removal proceedings, which are the formal legal cases initiated by Immigration and Customs Enforcement (ICE) to determine whether a person should be deported.

If cancellation of removal is granted:

• The individual’s removal is canceled
• Their status may be adjusted to lawful permanent resident

If the relief is not granted, the immigration judge may issue a removal order, which requires the person to leave the United States.

Purpose of cancellation of removal in immigration law

The primary purpose of the cancellation of removal is to provide a defense against deportation for certain individuals who have established strong ties to the United States.

This relief may allow eligible individuals to:

• Avoid deportation
• Obtain permanent residency (a green card)
• Continue living in the United States lawfully

Cancellation of removal is typically considered for individuals who have family members or long-term ties within the United States.

General eligibility considerations

Eligibility for cancellation of removal depends on whether the applicant is a lawful permanent resident (LPR) or a non–lawful permanent resident (non-LPR).

Cancellation of removal for lawful permanent residents

To qualify, an individual must generally show that they:

• Have been a lawful permanent resident for at least 5 years
• Have lived in the United States continuously for 7 years after admission in any status
• Have not been convicted of an aggravated felony

Cancellation of removal for certain non-permanent residents

Individuals without lawful permanent resident status must typically demonstrate that they:

• Have been physically present in the United States for at least 10 years before applying
• Have maintained good moral character during that period
• Have not been convicted of certain criminal offenses under immigration law
• Can show that deportation would cause exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident spouse, parent, or child

Special rule for battered spouses or children

There is also a special form of cancellation of removal for individuals who:

• Have been battered or subjected to extreme cruelty by a spouse or parent who is or was a U.S. citizen or lawful permanent resident
• Have been physically present in the United States for at least 3 years
• Have demonstrated good moral character

Applicants under this category must also show that removal would result in extreme hardship to themselves or certain family members.

Role of the immigration court in cancellation cases

Applications for cancellation of removal are decided in immigration court.

Responsibilities of the immigration judge

An immigration judge is responsible for:

• Holding hearings in the case
• Reviewing evidence and testimony
• Determining whether the legal eligibility requirements are met

The judge may consider factors such as:

• Length of residence in the United States
• Family and community ties
• Employment history
• Contributions to society

The judge also determines how much weight to give to different pieces of evidence presented during the hearing.

If the judge finds the applicant eligible, the judge may grant cancellation of removal as a discretionary decision.

Applicants typically submit their request using Form EOIR-42B.

Possible outcomes if cancellation of removal is granted or denied

The outcome of a cancellation of removal application depends on the decision of the immigration judge.

If cancellation of removal is granted

If the judge approves the application:

• The individual’s removal may be canceled
• The person’s status may be adjusted to a lawful permanent resident
• The date of lawful admission is recorded as the date the cancellation is granted

In some cases, individuals held in detention may be released if the government attorney does not file an appeal.

If cancellation of removal is denied

If the judge denies the application:

• The individual may be ordered removed from the United States
• The person may appeal the decision to the Board of Immigration Appeals (BIA) within 30 days

A removal order typically results in a bar on legally returning to the United States for at least 10 years.

Important limitations or misunderstandings

Several legal limitations apply to cancellation of removal.

Annual numerical limits

Immigration law restricts the number of people who may receive cancellation of removal and adjustment of status to 4,000 individuals per fiscal year.

Certain individuals are ineligible

Relief is generally not available to:

• Crewmen admitted after June 30, 1964
• Certain J-status exchange visitors
• Individuals involved in persecution
• People who previously received cancellation of removal or suspension of deportation

Continuous presence requirements

Continuous presence may be interrupted if the person:

• Leaves the United States for more than 90 days at one time, or
• Spends more than 180 days outside the country in total

Stop-time rule

The period of continuous residence or presence may end when:

• The person receives a Notice to Appear, or
• The individual commits certain criminal offenses

Criminal history restrictions

Certain criminal convictions may make an individual ineligible for cancellation of removal. Examples may include:

• Aggravated felonies
• Crimes involving moral turpitude
• Certain drug offenses
• Certain domestic violence offenses

Hardship requirements for non-LPR applicants

For non-permanent residents, hardship to the applicant themselves does not count. The hardship must affect a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse, parent, or child.

Re-entry consequences

If an individual is deported and later re-enters the United States without permission, they may face criminal penalties or permanent barriers to obtaining legal status.

Immigration rules vary by individual circumstances

Eligibility for cancellation of removal depends on the details of each case.

Factors that may affect the outcome include:

• Length of time living in the United States
• Immigration status history
• Criminal record
• Family relationships with U.S. citizens or lawful permanent residents
• Evidence presented during immigration court proceedings

Because these factors vary widely, cancellation of removal decisions are evaluated individually by immigration judges.

Key takeaways

• Cancellation of removal is a form of immigration court relief available during removal proceedings.
• If granted, it can cancel deportation and provide lawful permanent resident status.
• Eligibility requirements differ for lawful permanent residents and non-permanent residents.
• Non-LPR applicants must typically demonstrate 10 years of presence, good moral character, and extreme hardship to a qualifying relative.
• Immigration judges evaluate evidence and make discretionary decisions about whether relief should be granted.
• Certain criminal convictions, immigration violations, or time limits may prevent eligibility.

Final thoughts

Cancellation of removal is one of several forms of immigration relief available during removal proceedings in immigration court. When granted, it allows certain individuals facing deportation to remain in the United States and obtain lawful permanent resident status.

Individuals seeking clarification about immigration court relief or cancellation of removal may consult a qualified immigration law firm, such as AB Legal Consult to better understand how immigration laws may apply to their situation.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration laws and procedures may change, and individual circumstances may affect legal outcomes. Individuals seeking legal guidance should consult a qualified immigration professional.