Cancellation Of Removal

Cancellation of removal or termination of removal, formerly known as suspension of deportation, under the Immigration and Nationality Act (INA) of the United States is a legal remedy available to all qualified people who have been placed in removal proceedings (but particularly to Americans and lawful permanent residents). Cancellation of removal is linked by reference to a waiver of inadmissibility, which is another form of relief under the INA that effectively operates parallel to cancellation of removal.

Cancellation of removal was crafted by the U.S. Congress to replace “suspension of deportation,” a legal remedy available prior to April 1, 1997, which is the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). A different approval standard for cancellation of removal is applied between lawful permanent residents of the United States and nonpermanent residents.

Americans (nationals of the United States) are statutorily and manifestly immunized against deportation from the United States, and all such people are automatically entitled to cancellation of removal and a waiver of inadmissibility. A lawful permanent resident (LPR) is provided similar protections against any wrongful deportation from the United States and a nonpermanent resident who is granted cancellation of removal automatically becomes an LPR.

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