Cancellation of Removal

What It Means

Cancellation of removal is governed by INA section 240A and comes in two distinct tracks. 240A(a) applies to lawful permanent residents and requires at least 5 years of LPR status, 7 years of continuous residence in the U.S. after admission in any status, and no aggravated felony conviction. 240A(b)(1) applies to non-LPRs and requires 10 years of continuous physical presence, good moral character for those 10 years, no disqualifying criminal convictions, and, crucially, a showing that removal would result in "exceptional and extremely unusual hardship" to a U.S. citizen or LPR spouse, parent, or child, a standard that the BIA's Matter of Monreal and Matter of Recinas decisions describe as substantially beyond the ordinary hardship of separation from family. There is also a special cancellation under 240A(b)(2) for battered spouses and children under VAWA provisions with a 3-year continuous presence requirement. The "stop-time rule" at INA section 240A(d)(1), as construed by the Supreme Court in Pereira v. Sessions (2018) and Niz-Chavez v. Garland (2021), cuts off the accrual of continuous residence or presence when a proper NTA is served. INA section 240A(e) caps non-LPR cancellation grants at 4,000 per fiscal year, creating a visa-reservation queue in which cases approved beyond the annual limit are held pending the next fiscal year. Approval grants the applicant LPR status from the date of the immigration judge's final order. Cancellation is discretionary, so even statutorily eligible applicants may be denied on negative equities. The relief is one of the most common forms of defensive relief in non-detained removal dockets.

Frequently Asked Questions

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