Cancellation of Removal
Immigration Law · Lesson 08
Cancellation of Removal
這一課問的是：P 是否符合 LPR 或非 LPR 之逐出取消資格？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Does P qualify for cancellation of removal as a non-LPR or LPR?
這一課問的是：P 是否符合 LPR 或非 LPR 之逐出取消資格？
Trigger words & phrases that should flag this issue:
cancellation10 yearshardshipaggravated felony
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
cancellation for LPRs
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INA § 240A(a): 5 years LPR + 7 years residence + no aggravated felony.
LPR 之取消逐出。
cancellation for non-LPRs
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INA § 240A(b): 10 years residence + GMC + no specific convictions + exceptional and extremely unusual hardship.
非 LPR 之取消逐出。
continuous physical presence
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Required for non-LPR cancellation.
連續實際居住。
stop-time rule
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NTA service or specific criminal acts stop accrual of presence.
停時規則。
exceptional hardship
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Higher than "extreme hardship" — significantly different from typical removal harm.
異常困難。
qualifying relatives
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Citizen or LPR spouse, parent, or child — for non-LPR cancellation.
資格親屬。
numerical cap
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Non-LPR cancellation capped at 4,000 grants annually.
配額：每年 4,000 名。
Rule Sentence · the workhorse
Cancellation of removal under INA § 240A allows the Attorney General to cancel removal for certain qualifying respondents: LPRs with 5+ years LPR status, 7+ years residence, and no aggravated felony conviction; non-LPRs with 10+ years continuous physical presence, good moral character, no disqualifying convictions, and exceptional and extremely unusual hardship to a qualifying US citizen or LPR relative.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人respondent in removal逐出程序中之被告
Act 行為applying for cancellation申請取消
Object 對象removal order逐出命令
Standard 法律標準§ 240A(a) LPR or (b) non-LPR criteria§ 240A(a) 或 (b) 標準
Consequence 後果removal cancelled + LPR status取消逐出 + LPR 身份
Casebook Snapshot · a real American case
Niz-Chavez v. Garland
Holding. For purposes of the stop-time rule, a Notice to Appear must be a single document containing all required information specified in INA § 239(a)(1) — including time and place of hearing — to trigger stop-time. Government cannot serve information piecemeal.
Why it matters. Niz-Chavez extends Pereira — single NTA document required to stop accrual of presence.
Niz-Chavez：NTA 須單一文件含全部資訊方觸發停時。
Common Mistakes · what trips students
✗ any hardship qualifies。
✓ Must be "exceptional and extremely unusual" — high standard.
須異常且極不尋常。
Mini IRAC · build the Application
Issue. Does P qualify for non-LPR cancellation when she has been in US 11 years, has US citizen child requiring special medical care, and has no criminal convictions?
Rule. Non-LPR cancellation requires 10+ years continuous physical presence, good moral character, no disqualifying convictions, and exceptional and extremely unusual hardship to a qualifying US citizen or LPR relative.
Application (model). P has 11 years presence, GMC, no convictions, and US citizen child with special medical needs. Because non-LPR cancellation requires all four elements and "exceptional and extremely unusual hardship" is a high but achievable standard, the fact that P meets the first three requirements clearly and has a US citizen child with documented special medical needs that would not be available abroad means the hardship element may be satisfiable.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P likely qualifies for non-LPR cancellation, subject to discretionary grant and numerical cap.
MBE Check · multiple choice
P, undocumented, has been in US for 8 years. She is served with NTA. Does she qualify for non-LPR cancellation based on continuing accrual?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: