In addition to satisfying the above requirements, an applicant for cancellation of removal relief must document they merit a favorable exercise of discretion, with the following positive and negative factors taken into account:
Among the most common obstacles to eligibility for Cancellation of Removal relief is the “Stop Time Rule”. Specifically, the commission of certain criminal or other specified offenses during an applicant’s period of residence will put a stop to the applicant’s accumulation of residence in the context of satisfying the 7 years of continuous residence in any status requirement (#2 above). Also putting a stop to the accumulation of residence in this context is the service of the Notice to Appear (NTA), the charging document that commences removal proceedings. Importantly though, when it comes to the service of the NTA putting a halt to the accumulation of time toward this requirement, a recent U.S. Supreme Court decision has put into question exactly if, how and when service of the NTA prompts the stop time rule (see Pereira v. Sessions 138 S. Ct. 2105 (2018))
In sum, when it comes to analyzing a lawful permanent resident’s prospects for presenting their case for Cancellation of Removal relief, there are dozens of ways an applicant’s case may fail or fall short of eligibility requirements. Creativity in finding avenues around possible shortcomings is key, and by retaining a seasoned deportation defense lawyer and contacting the Law Offices of Richard Hanus, a foreign national can ensure that a big picture and aggressive approach to advocacy will be taken on his/her behalf in defending such life changing proceedings.