Cancellation of Removal for Certain Lawful Permanent Residents under INA §240A(a)
A lawful permanent resident may be placed in removal proceedings if they are charged with committing an act that makes them removable under INA §237(a) or they are returning to the United States and have committed one of the offenses listed in INA § 101(a)(13)(c). To be eligible for this type of relief the applicant must demonstrate they:
- have been lawfully admitted for permanent residence for not less than 5 years,
- have resided in the United States continuously for 7 years after having been admitted in any status. The seven years must have accumulated prior the person being served with the Notice to Appear for removal proceedings AND prior to when the person committed an offense that makes them both inadmissible under INA §212(a)(2) and removable under § 237(a)(2)
- have not been convicted of any aggravated felony
- have not been previously granted cancellation of removal
- Is not listed under INA § 240A(c) as an Alien Ineligible for Relief (ex: terrorists, crewman)
If an individual meets the statutory requirements for relief for cancellation of removal under INA §240A(a), they must still demonstrate to the immigration judge that they merit a favorable exercise of discretion. They must demonstrate that the positive factors outweigh adverse factors. Factors to be considered include family ties in the United States, residence of long duration in this country, evidence of hardship to the applicant and his family if removal occurs, a history of employment, existence of property or business ties, proof of genuine rehabilitation, other evidence attesting to the applicant’s good moral character, the nature and underlying circumstances of the removal ground at issue, evidence that could be indicative of an applicant’s bad character or undesirability in this country.