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, and one for lawful permanent residents (often known as “green card holders”). The materials on this page will guide you through the process of representing an applicant for non-LPR Cancellation.
Getting Started: Overview of Non-LPR Cancellation
These materials provide an overview of the eligibility requirements for Non-LPR Cancellation, including showing how to demonstrate “exceptional and extremely unusual hardship” to a qualifying relative, and how to demonstrate “good moral character.”
University of Miami Immigration Law Clinic This two-pager provides a basic overview of non-LPR cancellation.
Cancellation and Suspension of Removal for Non-Permanent Resident Aliens
American Immigration Lawyers Association and CLINIC
This chapter provides an overview of cancellation of removal as a form of relief for non-LPRs.
Immigration Justice Campaign This step by step guide and timeline lays out all the steps an attorney should follow when pursuing a detained cancellation case for their client.
Master Calendar Hearing
The first several immigration court appearances in a non-LPR cancellation case are generally one or more “master calendar” hearings. The materials in this section will walk you through what Master Calendars are, how they work, and how to prepare for them.
Executive Office for Immigration Review This video is a mock master calendar hearing in an asylum case from the EOIR model hearing program.
Immigration Justice Campaign The Notice to Appear (NTA) is the charging document in immigration court proceedings. Pleading to the factual allegations and legal charges in the NTA happens at a Master Calendar hearing, before an individual hearing is scheduled. This annotated NTA explains the significance of the most important elements of the NTA.
Documenting the Case
As you work with your client, you will put together extensive evidence in support of their non-LPR cancellation application. The materials on this page will guide you through how to document your client’s case.
U.S. Department of Justice This form is required for non-LPR cancellation applications.
Building Your Case from the Ground Up: A Guide to 10-Year Cancellation of Removal
Florence Immigrant & 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.
Preparing Your Evidence and Brief
You may file a brief in your client’s non-LPR cancellation case; these samples may be useful as you draft a brief for your client’s 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.
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.