Cancellation of Removal under INA §240A(a) is a crucial defensive tool available to lawful permanent residents (LPRs) in removal (deportation) proceedings. It allows otherwise green-card holders facing removal to potentially retain their status if they meet specific statutory criteria.
1. What Is Cancellation of Removal for Lawful Permanent Residents (LPRs)?
This form of relief allows LPRs in immigration court to request termination of removal proceedings and retain their green card, provided they meet statutory conditions and earn the Immigration Judge’s favorable exercise of discretion.
2. Eligibility Criteria Under INA §240A(a)
- Five years of LPR status at the time the application is filed.
- Seven years of continuous residence in the U.S. after admission in any status, before the “stop-time rule” triggers.
- No conviction of an aggravated felony, which automatically disqualifies eligibility.
- No previous grant of cancellation of removal or obsolete 212(c) relief.
Even if the above criteria are met, granting cancellation remains discretionary. Judges consider factors like length of U.S. residency, family/community ties, work history, and contributions.
3. The “Stop-Time Rule” and Related Case Law
The “stop-time rule” halts counting of continuous residence when a charged individual is served a Notice to Appear (NTA) or commits a certain crime.
In Barton v. Barr (2020), the U.S. Supreme Court held that if an LPR commits an inadmissibility offense outlined in INA §1182(a)(2) during the initial seven years, they become ineligible for cancellation, even if they meet the residence requirement.
Another landmark case, Niz-Chavez v. Garland (2021), clarified that an NTA must be a single document containing all required information to trigger the stop-time rule. This technical but important detail can affect eligibility.
4. Application Process: Form EOIR-42A
- Form Used: EOIR-42A – Application for Cancellation of Removal for Certain Permanent Residents.
- Applicants must fill out the form completely and legibly, attach supporting documents (e.g., LPR evidence, conviction and residence documentation), and submit it in Immigration Court. The burden of proof lies with the applicant
- Applicants aged 14 or older must undergo biometrics, and originals of supporting documents must be available at the hearing.
5. Strategy & Best Practices
- Document carefully: Show clear evidence of LPR status, continuous residence, and absence of aggravated felony convictions.
- Track stop-time triggers: NTAs or disqualifying crimes may immediately stop the residence clock, timing is critical.
- Agency expectation: Immigration Judges treat this relief as discretionary. Well-organized applications, community/family character evidence, and positive equities can influence positive outcomes.
6. After the Ruling
If cancellation is granted, the applicant retains or regains LPR status. Later, options like applying for U.S. citizenship via naturalization may be pursued, but only after consulting eligibility criteria.
Conclusion
Cancellation of Removal for lawful permanent residents is a complex but critical form of immigration relief. Meeting the basic eligibility requirements under INA §240A(a) is just the beginning, success also depends on the strength of the evidence, compelling equities, and the discretion of the Immigration Judge. With removal proceedings carrying such high stakes, having strong representation and documentation can make a meaningful difference. Anyone facing this process should seek the guidance of a qualified immigration attorney who can help navigate both legal standards and procedural hurdles.
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Citations
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- Form EOIR-42A Instructions (U.S. Department of Justice)
- Barton v. Barr, 590 U.S. (2020) (U.S. Supreme Court)
- Niz-Chavez v. Garland, 593 U.S. (2021) (U.S. Supreme Court)
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SIANA J.MCLEAN is a Partner at Richards and Jurusik, who practices immigration law with a focus on asylum, removal defense, and immigration court matters. She has extensive experience representing clients before U.S. Immigration Courts and the Board of Immigration Appeals. (Full Bio)
