Non-LPR Cancellation

With immigration enforcement on the rise, including among immigrants with long-standing ties to the United States, “cancellation of removal” is an increasingly important form of immigration relief. “Cancellation,” as it is known, can allow green card holders and undocumented individuals who have lived in the United States for many years and have strong ties to the country to remain in the United States and either obtain or retain lawful permanent resident status.

There are two forms of cancellation of removal: one for individuals who are not lawful permanent residents (often known as “green card holders”), and one for lawful permanent residents. Both forms of cancellation are available only to immigrants who have been placed in removal proceedings.

Non-LPR cancellation requires the applicant to have been living in the U.S. for at least 10 years, to show “good moral character,” and to have at least one U.S. citizen or lawful permanent resident spouse, parent, or child who would suffer severe consequences were the applicant to be removed from the U.S. Non-LPR cancellation applicants generally involve extensive documentation of the applicant’s residence in the U.S., the applicant’s good moral character, and of the hardship that the applicant’s close family member(s) would suffer were he or she to be removed from the U.S.  An immigration judge will conduct a hearing at which both the applicant and various witnesses may testify.


Articles

Effectively Presenting a Non-LPR Cancellation of Removal Claim Where the Hardship is Speculative

American Immigration Lawyers Association

This article on non-LPR cancellation provides practical advice for attorneys on how to develop a claim of “exceptional and extremely unusual” hardship, including a list of questions to ask a client that may be helpful in building their case.

Articles

Cancellation and Suspension of Removal for Non-Permanent Resident Aliens

American Immigration Lawyers Association

Beginning on page 276, this chapter provides an overview of cancellation of removal as a form of relief for non-LPRs.

Case Law

Matter of Monreal, 23 I&N Dec. 56 (BIA 2001)

In Matter of Monreal, the BIA defined the “exceptional and extremely unusual hardship” standard required to win non-LPR cancellation under INA § 240A(b).

Case Law

Matter of Andazola, 23 I&N Dec. 319 (BIA 2002)

In Matter of Andazola, the BIA further clarified the standard of “exceptional and extremely unusual hardship” for non-LPR cancellation of removal first articulated in Matter of Monreal.

Case Law

Matter of Recinas, 23 I&N Dec. 467 (BIA 2002)

In this case, the BIA granted non-LPR cancellation to a single mother of six children. This case is useful for building non-medical hardship arguments.

Case Law

Matter of Ortega, 23 I&N Dec. 793 (BIA 2005)

In Matter of Ortega, the BIA explained how to calculate the 10-year period of good moral character necessary for a grant of non-LPR cancellation of removal.

Case Law

Matter of Castrejon, 26 I&N Dec. 667 (BIA 2015)

In Matter of Castrejon, the BIA explained the effects of voluntary departures on the 10-year continuous residency requirement for non-LPR cancellation of removal.

Case Law

Matter of Cortez, 25 I&N Dec. 301 (BIA 2010)

In Matter of Cortez, the BIA explained how the conviction-related bar to eligibility for non-LPR cancellation of removal operates.

Practice Guides

Overview of Non-LPR Cancellation

University of Miami Immigration Law Clinic

This two-pager provides a basic overview of non-LPR cancellation.

Practice Guides

Building Your Case from the Ground Up: A Guide to 10-Year Cancellation of Removal

Florence Immigration and Refugee Rights Project

This guide, originally prepared for pro se respondents, goes over the basics of non-LPR cancellation, from preparing and submitting the application through to the removal hearing.

Webinar

Webinar on Non-LPR Cancellation Eligibility and Practice Tips

Immigrant Legal Resource Center

An overview of the legal requirements for cancellation of removal.

Sample Filings

Case file, Non-LPR Cancellation of Removal

This case file involves a respondent who applied for non-LPR cancellation of removal under INA § 240A(b). The redacted case file contains the respondent’s application for relief, briefs in support, and the transcript of proceedings. It also contains the IJ’s decision denying relief, an appeal from that decision, and a BIA decision sustaining the appeal.

Sample Filings

Sample Pre-hearing Brief in Non-LPR Cancellation Case

This is a sample brief in support of a respondent’s application for non-LPR cancellation of removal based on hardship to respondent’s US citizen children

Contact Us

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Guided Learning

If you are new to this area, we suggest the following training sequence to learn about representing detained immigrants in their non-LPR cancellation applications.


1. Webinar on Non-LPR Cancellation Eligibility and Practice Tips
An overview of the legal requirements for cancellation of removal.

2. Overview of Non-LPR Cancellation
This two-pager provides a basic overview of Non-LPR cancellation.

3. Cancellation and Suspension of Removal for Non-Permanent Resident Aliens
Beginning on page 276, this chapter provides an overview of cancellation of removal as a form of relief for non-LPRs.