
Cancellation of Removal
Trusted Deportation Defense Lawyer in San Diego
If you are a legal permanent resident (LPR, or a green card holder) and plead guilty to a crime, ICE may start removal proceedings. If this happens, you might be able to apply for cancellation of removal under section 204A of the Immigration and Nationality Act. This form of relief may be available to some lawful permanent residents (LPR) and even some aliens living unlawfully in the United States.
With the proper evidence and careful preparation of your case, an experienced attorney can increase the chances of convincing the judge to give you a second chance. If the judge agrees, they will cancel your deportation and allow you to stay in the United States
To learn more about cancellation of removal, contact the experienced San Diego deportation defense attorney at Rodriguez Law Firm.
Cancellation of Removal for Legal Permanent Residents
A lawful permanent resident or green card holder can become deportable or inadmissible and unable to apply for U.S. citizen if he/she gets arrested and convicted for certain crimes. Cancellation of Removal is an option for the LPR that is detained by ICE or receives a notice to appear before an immigration judge for removal proceedings.
The immigration code under INA § 240A(a) & 8 U.S.C. § 1229b states that an immigration judge has the authority to cancel the removal of an LPR who is inadmissible or deportable from the United States if the person:
- Has 5 years or more of being a legal permanent residence
- Has 7 years or more of continuous residence after admission
- Has not been convicted of an aggravated felony
- Warrants relief as a matter of discretion
- Has previously been granted cancellation of removal or suspension of deportation
Cancellation of Removal for Non-Permanent Residents
A person that is not a legal resident may be eligible for non-LPR cancellation of removal if she/he shows the court that:
- They’ve been physically present in the United States for at least 10 years
- They’ve been a person of good moral character for at least 10 years
- They haven’t been convicted of certain criminal offenses
- Their U.S. citizen or LPR spouse, child, or parent will suffer “exceptional and extremely unusual” hardship if the non-LPR is removed
Unfortunately, INA § 240A(c), prohibits non-LPR cancellation of removal to the following persons:
- Persons that previously received cancellation of removal, suspension of deportation, or INA § 212(c) relief
- Persons who have persecuted others or are inadmissible or deportable under the anti-terrorist grounds
- Crewmen who entered the United States after June 30, 1964, and certain “J” visa exchange visitors
What Sets Us Apart
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Integrity
Our integrity is the key to a successful Attorney-Client relationship. We are committed to always serving your best interest with integrity and respect.
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Honesty
We understand that clients need to trust their attorney. We work hard to earn your trust by being transparent and honest with our legal advice and proposed solutions.
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Commitment
Our commitment to our clients will never waiver. We strive to always provide our clients with professional services and the best legal solutions available.
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Mission
We are here to help immigrant families live the American dream. We do this by offering competitive Fees and Payments Plans designed to help you afford our services.

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After consulting with other attorneys about my case I was told that my criminal/immigration case was extremely complexed. I was turned down by several other attorneys that would not take on my case. I was facing deportation without eligibility for any waivers. After many sleepless nights I came across Rodriguez LawFirm and I am glad I did!! John was very honest, and truthful but also very compassionate. After speaking with John my very first time, I felt like there was hope for my case. John Rodriguez and his team are extremely professional, and effective. John fought for me and my family with a relentless passion and conviction. John kept me well informed walking with me through the whole process. In fact there were several of weekend nights that he would call to update me on my case. He always kept me feeling positive. I believe John Rodriguez is living out his calling in changing immigrant families lives and futures.He was able to vacate my criminal case. His hard work and dedication has made it possible for me to apply for my U.S citizenship and keep my family together. I am forever grateful to John Rodriguez and his team!!Claudio C.
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John, we cannot thank you and all of your team enough for the assistance you firm provided us. Olavo, Susan, Valeria, and you ensured all required requested documents for the processing of E.L and my fiance visa were collected and timely sent to USCIS. Within less than two weeks of submitting our response to the USCIS our case was approved and sent on to the NVC. I could not have asked for a better group of professionals to work with to get us through to the next stage in the process. We cannot thank you enough and look forward to meeting you and your team someday when we visit San Diego.RK & EL
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Lawyer Rodriguez is the best he helped me a lot with my case. The process was fast I’m thankful that they did everything for my case! I’m so happy, thank you again Mr. Rodriguez!Anibal Rodolfo
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It’s amazing! I’m glad I chose to call Rodriguez Law Firm and have Mr. John Rodriguez work on my DUI case while other lawyers had told me it wasn’t going to be possible and that I could be facing deportation due to that fact that I’m a DACA Recipient so I had little hopes considering this DUI was with a crash and an alcohol percent of .23 and DACA as well, But yet with the help of Mr. Rodriguez and how he was able to negotiate things he managed to get a wet wreck less which was something that I’m extremely pleased with, thanks to him it won’t affect my DACA and I have a second chance to do things right. I would highly recommend Rodriguez Law Firm they’re outstanding at what they do.J. M.
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Highly, highly, highly recommend this great firm. Great experience from start to finish. My case was definitely tough and I’m beyond grateful they were able to answer all my questions. Would honestly give him a call and I’m sure him professional will win you over. Amy working near him is amazinggggggg she was so quick to answer all my questions. My case has finally been approved and they were able to notify me instantly before receiving it In mail which is amazing because it took a huge weight off my shoulders. Will definitely be coming back in the future. I appreciate your hard work guys.D. V.
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Rodriguez law firm are very professional. My case was a very difficult it had a 3% chance of success. Rodriguez law firm made it possible they won my case. Thank you for your hard work.Jose Ruiz
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Attorney John Rodriguez is a persistent lawyer who is dedicated to fighting your case to get you the best possible outcome. He certainly did for me! He called me at 11:30 pm on a Friday night to give me an update. I do not think there is another lawyer out there who would do this. I could not have received a better outcome in my case. After working with John and his team, I know that I made the best choice for myself. Should I need immigration or criminal representation in the future, John is the first person I would be calling. I cannot thank you enough John for your professionalism and dedication in fighting and helping win my case.S. K.
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“This process took over a year because of the court's backlog but through it, all John stayed positive, kept us on track, and my family and I couldn't be more grateful and thankful for all of his hard work.”Kristen S.