Cancellation of Removal for Inadmissible Non-Citizens

Cancellation of removal is a defensive application for non-citizens in immigration removal proceedings. It is often colloquially referred to as “42B cancellation of removal” based on the form number of the associated application. This Pathfinder research guide provides an overview of cancellation of removal for inadmissible non-citizens. Those who satisfy the criteria in INA § 240A(b)(1) and successfully petition an immigration judge for 42B cancellation of removal are eligible for adjustment of status to lawful permanent residence. This guide navigates the researcher through an overview of the cancellation of removal criteria and how to find the relevant federal statutes, applicable agency and case law, helpful secondary sources, and methods to stay up-to-date on the topic. This guide is primarily intended for legal practitioners representing inadmissible non-citizen respondents (non-lawful permanent residents) in removal proceedings who may be eligible for 42B cancellation of removal. Competency in this topic can significantly impact the outcome of their client’s proceedings, as the two extreme consequences are a pathway to citizenship or deportation. Law students interested in this topic may also be a potential audience.