Cancellation of Removal

Whereas an alien might file for Adjustment of Status or even submit an asylum claim before facing any removal proceedings, it is not generally a good idea to pursue Cancellation of Removal except as a last resort. If you are currently in the country illegally and want to learn about what options you have for earning residency, you should consult with an experienced San Francisco immigration attorney.

The Cancellation of Removal process has changed drastically since 1996. In that year, the IIRAIRA law was passed, and it made many aspects of immigration law stricter and less flexible. In order to win a Cancellation of Removal case today, an alien and his or her immigration lawyer have to prove the following:

• that the alien has been continuously present in the United States for a period of at least ten (10) years prior to the Notice to Appear in Immigration Court;
• that the alien has at least qualifying relative: a spouse, child, or parent who is a U.S. citizen or lawful permanent resident; and
• that the qualifying relative would suffer “exceptional and extremely unusual hardship” if the alien were to be removed

Meeting these standards can be very difficult. Proving ten years of presence can be a tall order for undocumented workers, because so often they live in secret or without leaving a paper trail. Also, the standard of “exceptional and extremely unusual hardship” is a very high one—it is difficult to win a Cancellation of Removal case unless there are elements of hardship such as a severe medical condition faced by the qualifying relative.

Further, the IIRAIRA law set an annual cap on the number of Cancellation of Removal cases permitted each year. The cap is currently set at a mere 4,000 per year, which is a supply that is far smaller than the number of aliens who qualify. Thus, only the most extreme Cancellation of Removal cases prevail.

However, our immigration lawyer has had a disproportionately high percentage of successful judgments in these difficult cases over the past twelve years of trying them. For most aliens facing deportation, an attempt at Cancellation of Removal is better than simply accepting defeat.

However, our immigration lawyer has had a disproportionately high percentage of successful judgments in these difficult cases over the past twelve years of trying them. For most aliens facing deportation, an attempt at Cancellation of Removal is better than simply accepting defeat.

Additionally, these cases can take a long time to adjudicate fully. Especially in Northern California—in areas such as Alameda, Chico, Davis, Eureka, Fresno, Hayward, Marin, Modesto, Oakland, Redding, Sacramento, San Francisco, Susanville, Tahoe, and Truckee—months can pass between one hearing and the next. As an alien facing deportation, time is on your side. Every week that passes is another week you are able to stay in the country with your family, and it is another week that advocates for immigration reform are working to bring about have been violated.