TL;DR:

Cancellation of removal is a defense you request in immigration court to ask a judge to let you stay in the United States and, in some cases, grant lawful permanent residence. The eligibility rules depend on whether you are a green card holder, a nonpermanent resident, a survivor eligible under VAWA, or a NACARA beneficiary. Even when you qualify on paper, the judge must still approve the case as a matter of discretion. Because the stakes are so high, careful screening, honest case preparation, and strong documentation matter.

If you are facing deportation, it can feel like the ground shifts under your feet. One letter, one court date, or one arrest can suddenly put everything you have built at risk: your home, your work, your kids’ schools, your marriage, your future.

In U.S. immigration law, “deportation” is commonly called removal. The government can place many noncitizens into removal proceedings, including people who overstayed a visa, people who entered without inspection, and even lawful permanent residents who run into certain criminal or immigration issues. The legal reasons the government relies on are called grounds of removability.

Here is the part that often surprises people: being “removable” does not automatically mean you will be removed. Immigration law includes defenses and forms of relief that can stop removal. One of the most important is cancellation of removal, a type of relief created by Congress in the Immigration and Nationality Act. (8 U.S.C. § 1229b).

Cancellation of removal is powerful, but it is also demanding and risky. It is not something you “try out” casually. It is a formal request that you make in immigration court, under oath, with the government attorney actively trying to defeat it.

Removal Proceedings Start With A Notice To Appear

Removal proceedings are the court process where the government asks an immigration judge to order a person removed from the United States. The process generally begins with a document called a Notice to Appear, often shortened to NTA (Form I-862). An NTA lists factual allegations and the legal charges the government claims apply to you.

A crucial legal detail is that proceedings “begin” when the Department of Homeland Security files the NTA with the immigration court. The EOIR Immigration Court Practice Manual explains that removal proceedings begin when DHS files the NTA with the court after serving it on the person.

You can also see this idea in the regulations: immigration court jurisdiction vests when a charging document is filed with the court.

If you want to confirm where your case is pending, find court information, or locate the correct court, you can use the U.S. Department of Justice EOIR page to find an immigration court.

What Happens After The NTA

Most cases start with a “master calendar hearing,” which is a short hearing where the judge confirms your address, your language, whether you have an attorney, and what applications you plan to file. Later, if you pursue a contested form of relief like cancellation of removal, you typically move to an “individual hearing,” which is the trial. That is where testimony, evidence, and legal arguments come in.

Immigration court is procedural. Deadlines, filing rules, translations, and supporting documents can make or break a case. It also moves fast in some courtrooms and slowly in others, depending on backlogs and scheduling.

What Cancellation Of Removal Does

Cancellation of removal is a legal request asking the immigration judge to “cancel” your removal and allow you to remain in the United States. It exists under INA § 240A. (8 U.S.C. § 1229b).
If you win, the result depends on which version of cancellation you applied for:
Some people keep their lawful permanent resident status instead of losing it.
Some people receive lawful permanent residence as a result of winning.
Some people receive a path that resembles the older “suspension of deportation” rules under special laws like NACARA.
It is essential to understand this clearly: cancellation of removal is not automatic, even if you technically qualify. It is discretionary, which means the judge can deny it if they believe the negative factors outweigh the positive ones.
You Must Be In Immigration Court To Apply
Cancellation of removal is not an application you file out of the blue with USCIS like many other immigration benefits. It is primarily a court-based defense.
The regulations describe that an application for cancellation under INA § 240A is submitted to the immigration court on the EOIR form and can be filed only after jurisdiction has vested. (8 C.F.R. § 1240.20).
That is why this topic can be scary. To even be eligible to request cancellation, you generally must already be in removal proceedings.
You may hear people say, “I want to ask ICE to put me in proceedings so I can apply.” Please treat that idea with extreme caution. Once removal proceedings start, the government is actively trying to remove you. If your case is denied, you can end up with a removal order. That removal order can have long-term consequences for future immigration options.
Cancellation of removal can be a powerful form of relief in the right case, and it often comes up as part of a larger court strategy that also includes other options in removal defense and, when eligible, cancellation of removal.
Who Qualifies For Cancellation Of Removal
Congress created several versions of cancellation of removal, and each has its own rules. The main categories are:
Cancellation of removal for lawful permanent residents (often called “LPR cancellation”).
Cancellation of removal for nonpermanent residents (sometimes called “10-year cancellation”).
Cancellation of removal under VAWA for certain survivors of battery or extreme cruelty.
“Special rule” cancellation or similar relief under NACARA for certain groups.
Each category has threshold requirements, and each category still requires that the judge approve the case as a discretionary matter.
Key Differences Among The Four Types
Cancellation Of Removal Categories Compared