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