Home > Three Effective Defenses for Deportation through the Cancellation of Removal Law

Three Effective Defenses for Deportation through the Cancellation of Removal Law

As immigration enforcement continues to intensify nationwide, Cancellation of Removal has become one of the most important and limited forms of defense against deportation in Immigration Court, and it will likely become even more important during this administration.

For many undocumented immigrants and lawful permanent residents facing removal proceedings, this relief may represent the last viable legal pathway to remain in the United States and obtain lawful permanent resident status.

Commonly referred to as the “10-Year Law,” Cancellation of Removal allows eligible individuals to ask an Immigration Judge to stop deportation and, if granted, approve a green card. Given current enforcement priorities and severe court backlogs, understanding the legal process, eligibility requirements and documentation needed for Cancellation of Removal is more critical than ever.

This defense is especially significant in states like Massachusetts, where many immigrants have lived, worked, and raised families for decades, only to now find themselves in proceedings before the Boston Immigration Court (EOIR).

Why Cancellation of Removal Matters Now

According to data from the Migration Policy Institute and the Pew Research Center:

• Approximately 14 million undocumented immigrants lived in the United States as of 2023, and
• Nearly 80% have resided in the U.S. for at least ten years, placing millions within the statutory timeframe required for non-LPR Cancellation of Removal

At the same time, undocumented immigrants play a critical role in the U.S. and Massachusetts economies (Pew Research Center):

• 4.8% of U.S. workers (8.3 million people) are undocumented (vs. legal immigrant workers who make up 19% of the U.S. labor force)
• Even though undocumented workers represent only 3.3% of the total U.S. population, they are disproportionately employed in essential industries, including:
  • Construction
  • Hospitality and food services
  • Health care support
  • Cleaning and maintenance

These sectors are particularly vital in Greater Boston and throughout Massachusetts.

Family Ties and Hardship

Many immigrants facing deportation live in mixed-status households, often with:

• U.S. citizen children
• U.S. citizen or lawful permanent resident spouses

These family relationships are central to Cancellation of Removal cases, which require proof that deportation would cause “exceptional and extremely unusual hardship” to qualifying relatives (U.S. citizen or legal permanent resident spouse, parent or child).

Court data further shows that:

• Only 1.60% of FY 2025 new removal cases involved alleged criminal activity beyond possible illegal entry (Trac Reports Syracuse University)
• Undocumented immigrants commit crimes at half the rate of U.S.-born citizens (Cato Institute )

Immigration Court Backlogs in Boston and Limited Relief

Immigration Courts nationwide remain under extraordinary strain. According to Trac Reports Syracuse University:

• Court backlogs exceeded 3.4 million pending cases by late 2024
• Many cases now take several years to resolve

The Boston Immigration Court is no exception. Additionally, federal law caps non-LPR Cancellation of Removal approvals at 4,000 cases per year nationwide, making this relief both rare and highly competitive. Strong legal preparation is essential.

Eligibility for Non-Legal Permanent Resident (Non-LPR) Cancellation of Removal

Under INA § 240A(b)(1), a non-lawful permanent resident must establish all of the following before an Immigration Judge:

• At least 10 years of continuous physical presence in the United States prior to receiving a Notice to Appear (NTA)
• Good moral character during that period
• No disqualifying criminal convictions
• Exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent or child

If approved by the judge, the individual may adjust status to lawful permanent resident.

What Makes a Strong Cancellation of Removal Case

Because Cancellation of Removal is discretionary, Immigration Judges expect clear, well-organized, and persuasive evidence.

Strong Cases Typically Include:

• Proof of 10+ years of continuous residence, such as:
  • Tax returns
  • Pay stubs
  • Leases and utility bills
  • School and medical records
  • Dated correspondence

• Evidence of good moral character, including:
  • Steady employment
  • Tax compliance
  • Community involvement or volunteer work

• Detailed hardship documentation for qualifying relatives, such as:
  • Medical records
  • Psychological evaluations
  • Special education plans
  • Financial dependency documentation
  • Sworn hardship affidavits

• Objective supporting evidence demonstrating the hardship in the country where the person would be deported to, including:
  • Country conditions reports
  • Expert opinions
  • Financial analyses
• Consistent sworn testimony that ties all evidence into a credible narrative

Financial hardship alone is rarely sufficient. Judges look for a combination of serious, compelling factors to show “exceptional and extremely unusual hardship”.

Eligibility for Cancellation of Removal for Lawful Permanent Residents (LPRs)

Certain lawful permanent residents placed in removal proceedings due to criminal convictions, such as crimes involving moral turpitude, may qualify under INA § 240A(a) if they demonstrate:

• 7 years of continuous residence after lawful admission
• At least 5 years as a lawful permanent resident
• No aggravated felony convictions

Immigration Judges balance positive and negative equities, including family ties, rehabilitation, and compliance with the law.

Eligibility for VAWA Cancellation of Removal for Victims of Domestic Violence

Under INA § 240A(b)(2), certain victims of domestic violence may qualify for Cancellation of Removal if they are the:

• Spouse
• Child (including stepchild)
• Parent

of a U.S. citizen or lawful permanent resident, and can demonstrate:

• Their domestic relative is a U.S. citizen or Legal Permanent Resident
• They were subjected to severe domestic abuse by the U.S. citizen or LPR relative
• They continuously resided in the U.S. for 3 years prior to the date of the decision on their EOIR-42B application
• They had good moral character during the 3-year period of continuous presence
• They are not inadmissible for crimes involving moral turpitude, drug offences or national security issues per INA 212 (a)(2)(b)
• Either they, their child or parent will suffer an extreme hardship

How Our Law Firm Can Help

Cancellation of Removal cases require strategic legal analysis, extensive documentation, and persuasive advocacy before the Immigration Court.

At FitzGerald Law Company, our experienced cancellation of removal immigration attorneys help clients prepare strategic, well-documented, and persuasive Cancellation of Removal cases, focused on meeting the legal requirements and demonstrating that the case merits a favorable decision from the judge.

Our highly qualified immigration lawyers represent clients in Boston, MA and nationally throughout the U.S., helping them:

• Determine eligibility for Cancellation of Removal
• Review evidence for effectiveness and compliance
• Prepare comprehensive, well-documented cases
• Present compelling arguments before Immigration Judges
• Protect their families and futures in the United States

Seeking legal advice early can make the difference between deportation and permanent residency.

Call 617-303-2600 to schedule a consultation today or complete our online consultation request form.