Deportation Defense: Cancellation of Removal Explained

The deportation process (removal proceedings) begins when you receive a Notice to Appear (NTA) — a document in which DHS charges you with violating immigration law.

What to Do When You Receive an NTA

• Do not ignore it — failing to appear will result in a deportation order issued in your absence
• Find an attorney — as soon as possible
• Write down the date and location of your court hearing
• Gather documents — anything that may help your case

There are several forms of relief that can be requested in immigration court.

Main Forms of Relief

• Asylum — if you can prove persecution on one of 5 protected grounds
• Withholding of Removal — a higher standard of proof, but no one-year filing deadline
• Convention Against Torture (CAT) — protection against torture upon return
• Cancellation of Removal — for lawful permanent residents (7 years) and non-residents (10 years)
• Adjustment of Status — if you have a basis for a green card
• Voluntary Departure — leaving voluntarily (less severe consequences)

Cancellation of Removal is one of the most important forms of relief for long-term residents.

For Lawful Permanent Residents (LPR)

• Green card held for at least 5 years
• Continuous residence in the United States for at least 7 years
• No aggravated felony conviction

For Non-Permanent Residents (Non-LPR)

• Continuous physical presence in the United States for 10+ years
• Good moral character
• Proof of "exceptional and extremely unusual hardship" to a qualifying relative who is a U.S. citizen or lawful permanent resident

The annual cap for non-LPR Cancellation of Removal is only 4,000 approvals per year nationwide.

Thorough preparation is the key to success in immigration court.

Recommendations

• Gather all evidence — documents, photographs, and witness statements
• Prepare your witnesses — they should know what they will be testifying about
• Practice your testimony — work through questions and answers with your attorney
• Arrive on time — being late can result in an in absentia order
• Dress appropriately — formal attire shows respect for the court