Tagged #cancellation-of-removal
Every article we've published on this topic, sorted by the agency's own announcement date.
Seventh Circuit: Wisconsin Child Neglect Conviction Bars Cancellation of Removal
A federal appeals court ruled that a state child neglect conviction qualifies as a removable offense under federal immigration law, blocking relief from deportation for a long-term resident.
BIA Precedent: Consider Aliens' Crimes, Not Convictions, in Exercising Discretionary Relief
A new BIA precedent holds that immigration judges must examine an alien's actual criminal conduct—not just convictions—when exercising the attorney general's discretion to grant cancellation of removal or other discretionary relief.
Zalaya Orellana v. Bondi: Fourth Circuit Rules EOIR Memos Not Legally Binding on Judges
Fourth Circuit holds that EOIR's OPPM 17-04 memorandum is internal guidance, not binding law. Immigration judges can recalendar and reassess reserved cancellation decisions without following memo timelines.
Non-LPR Cancellation Under INA §240A(b): The Ten-Year Bar and the Hardship Mountain
Non-LPR cancellation under INA §240A(b)(1) requires ten years of continuous physical presence, good moral character, no disqualifying conviction, and 'exceptional and extremely unusual hardship' to a qualifying relative. The hardship element is where most cases die.
Cancellation of Removal for LPRs Under INA §240A(a): The Seven-Five Rule and Its Quiet Traps
An LPR's path to cancellation under INA §240A(a) sounds mechanical — seven years continuous residence, five years as a green card holder, no aggravated felony. The litigation lives in the qualifiers.