LPR Cancellation Of Removal

LPR Cancellation of Removal is the first form of relief from removal that we look to when we represent a legal permanent resident that has been charged as removable for having committed a criminal offense.

This form of relief is governed by INA §240A(a) which states:

The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-

(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,

(2) has resided in the United States continuously for 7 years after having been admitted in any status, and

(3) has not been convicted of any aggravated felony.

Issues involving the "stop-time rule" and whether an offense is an aggravated felony arise frequently when this relief is sought. If a judge finds that the alien meets the statutory eligibility requirement, the decision whether to grant the relief is purely discretionary. It is helpful to envision a scale: on one side of the scale are all of the reasons that the government is seeking removal and on the other side of the scale are all of the good reasons that the alien should be permitted to stay. If the good reasons to let the alien stay outweigh the reasons to remove him, he will likely win his case. HOWEVER, because it is discretionary, a judge may not grant the relief if he or she thinks the alien is being dishonest or is likely to commit future crimes. For this reason, candor and rehabilitation are important considerations.