One of the best sections of the INA relating to relief in removal proceedings is cancellation of remove for (certain) permanent resident aliens, which is a discretionary form of relief. An alien is one of the “certain” permanent residents if he is not ineligible for relief, has been lawfully admitted for permanent residence for not less than five years, has resided in the United States continuously for 7 years after having been admitted in any status, is not barred by the “stop-time” rule and has not been convicted of an aggravated felony. Since this form of cancellation is available in removal proceedings regardless whether or not the charges sound in inadmissibility or deportability there is no issue of “statutory counterpart.”
Aliens that are not eligible for relief under INA 240(c) are those who entered the United States as crewmen after June 30, 1964; were “J” exchange aliens for the purpose of receiving medical education or training, whether or not they were subject to have fulfilled the two-year foreign residence requirement of INA 212(e); were “J” exchange aliens other than to receive graduate medical education or training and are subject to INA 212(e) and have not fulfilled that requirement or received a waiver; are inadmissible or deportable under security and related grounds; were “persecutors”; and aliens who were recipients of relief of suspension of deportation, cancellation of removal or relief under INA section 212(c).
This section would be utilized, if available, to those with convictions, other than convictions classified as aggravated felonies, that were entered on or after April 1, 1997.
An alien can apply for relief under INA section 240A(a)(1) [cancellation of removal for certain lawful permanent residents] when he is ineligible for relief under former INA section 212(c). For example, if an alien entered into a plea agreement or plea agreements on or after 4/24/96 and prior to 4/1/97 and he is ineligible for relief because of the AEDPA amendment to INA Section 212(c), he could apply for relief under INA section 240(a)(1), if otherwise eligible.
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