Cancellation of Removal

Cancellation of Removal Key Facts

• Cancellation of Removal (“COR”) is a form of immigration relief available to individuals (foreign born individuals) who have been placed in removal proceedings before the United States Executive Office for Immigration Review (“EOIR”), a wing of the Department of Justice (“DOJ”).
• An Immigration Judge (“IJ”) presiding over the Removal or Deportation case would make a decision on the Cancellation of Removal.
• COR was designed to replace suspension of deportation, a form of relief available prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”).
• Recipients of a grant of cancellation are eligible for permanent residency in the United States.
• Both Lawful Permanent Residents (“LPRs”) and Non-LPRs i.e. individuals who are out-of-status and/or who entered the United States border without inspection (“EWI”), qualify for a cancellation of removal. A different standard for eligibility for cancellation is applied for lawful permanent residents (“LPRs”) and non-LPRs.
• Only 4000 applicants are eligible for Cancellation of Removal every year. This is the numerical cap on Cancellation of Removal applications. Certain applicants are exempt from this cap.