Cancellation of Removal
Cancellation of removal is a discretionary form of relief from deportation available to certain long-term residents of the United States who are in removal proceedings. It comes in two forms: one for lawful permanent residents (LPRs) and one for non-permanent residents.
For non-permanent residents (the more commonly invoked form), the requirements are stringent. The applicant must demonstrate: (1) continuous physical presence in the U.S. for at least 10 years, (2) good moral character during that period, (3) no disqualifying criminal convictions, and (4) that removal would result in "exceptional and extremely unusual hardship" to a qualifying relative — a U.S. citizen or lawful permanent resident spouse, parent, or child.
The "exceptional and extremely unusual hardship" standard is one of the highest in immigration law. Ordinary hardship — such as economic difficulty, separation from family, or disruption of education — is generally insufficient. Applicants must show hardship far beyond what would normally be expected from deportation.
For lawful permanent residents, the requirements differ: 5 years of LPR status, 7 years of continuous residence, and no aggravated felony conviction. The hardship standard is lower.
Congress caps non-LPR cancellation of removal at 4,000 grants per fiscal year, making it an extremely competitive form of relief. Immigration judges have broad discretion in these cases, and outcomes vary significantly by judge and jurisdiction. If granted, the applicant receives lawful permanent resident status — a green card — regardless of how they originally entered the country.
Related Terms
Removal Proceedings
The formal process in immigration court where a judge determines whether a foreign national should be ordered removed (deported) from the United States or allowed to remain under some form of relief.
Removal Order
A judge's order requiring a person to leave the United States. Can be executed by ICE immediately (for detained individuals) or at a later date. A removal order carries a bar on future re-entry (typically 10 years).
Grant of Relief
A favorable decision where the immigration judge allows the respondent to remain in the U.S. This includes asylum grants, cancellation of removal, adjustment of status, withholding of removal, and other forms of protection.
LPR (Lawful Permanent Resident)
A foreign national authorized to live and work permanently in the United States, commonly known as a "green card holder." LPRs can be placed in removal proceedings if they commit certain crimes or fraud.
IJ (Immigration Judge)
A DOJ attorney appointed to preside over immigration court proceedings. Immigration judges are not Article III judges — they are employees of the executive branch (DOJ), which critics argue compromises judicial independence.