This excerpt will only briefly describe cancellation of removal.  For more in-depth analysis, please refer to this specific section on “Cancellation of Removal.”  Cancellation of removal is a discretionary waiver in which the attorney of an applicant that is appearing in immigration court at a removal hearing.  Essentially, INA § 240A(a) & INA § 240A(b) set out certain criteria in which a foreign national, who is otherwise is removable, in the discretion of the Attorney General (the immigration court or the BIA), can be granted cancellation of the removal.  A lawful resident must demonstrate that he/she (1) is a lawful permanent resident for five years or more, (2) has resided in the United States under any status continuously for at least seven years (3) has not been convicted of an aggravated felony. A lawful non-permanent resident (lawful nonimmigrant) must demonstrate that, (1) he/she has been physically present in the U.S. for a continuous period of ten years or more immediately preceding the application date, (2) has had good moral character during such period, (3) Has not been convicted of a criminal offense, security, or terrorist related crime, and (4) establishes that removal would result in exceptional and extremely unusual hardship to an immediate U.S. citizen or permanent resident relative.

 

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