Eligibility for Relief: Cancellation of Removal for Permanent Residents, INA § 240A(a)

Post-Conviction Relief
Removal Defense
Publication Date

Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr, --U.S.--, 140 S.Ct. 1442 (2020). This Advisory is an updated step-by-step guide to eligibility, potential arguments, and defense strategies for LPR cancellation.

Related: See also IDP, ILRC, NIPNLG, Practice Advisory. Avoiding the Stop-Time Rule after Barton v. Barr (June 2020) at https://www.ilrc.org/practice-advisory-avoiding-stop-time-rule-after-barton-v-barr