Form EOIR-42B: Cancellation of Removal & An Alternative to Deportation
Cancellation of removal, Form EOIR-42B, offers an alternative to deportation and a pathway to citizenship for those who are eligible. Both aliens and legal permanent residents can apply to avoid removal.
Eligibility for Legal Permanent residents is determined by these factors:
- Been a legal permanent resident for at least 5 years
- Lived in the US continuously for 7 years after lawful entrance
- No aggravated felony convictions
- A favorable exercise of discretion
Eligibility for Non-Legal permanent residents:
- Lived in the US for at least 10 years
- Been a person of “Good Moral Character”
- No convictions of specific crimes, e.g., Aggravated felonies, drug trafficking, crimes involving “moral turpitude,” etc.
- Proof of extreme hardship on the family if removed
- A favorable exercise of discretion
Though the requirements may seem straightforward, legal definitions complicate the process because they are attached to legal precedent. When a judge makes a ruling on a case, the decision serves as a guide for similar cases in the future. Judges follow the legal precedent because it helps keep decisions fair and gives a better picture of how the law should be applied.
Certain terms like “Good Moral Character” and “Aggravated Felony” have very specific legal meanings that are different from their everyday use; it’s important to seek legal advice to clarify how these terms may impact your case.
Because legal precedent has lots of influence over the decision of your case, it's important to stay up to date with new cases whose circumstances are similar to yours. Recently, a new precedent was established relating to cancellations of removal.
In Matter of Buri Mora I&N Dec. 186 (BIA 2025), the applicants cancellation of removal was taken back because the Board of Immigration Appeals decided that he had not given enough evidence to prove his family would face significant hardship if he was removed. In this case, the man was daughter was diagnosed with anxiety and autism, while his 2 sons were found to have developmental delays; however, all 3 children were enrolled in early intervention to help manage their conditions.
Despite his childrens conditions, the board found that their US citizen mother— with the help of Medicaid— would be able to care for all 3 of their kids. This case clarified the qualification of “extreme hardship” in the immigration context, a lot higher standard than its typical usage.
Although precedents may serve as guidelines, each case is unique and decided with that in mind.
The cancellation process is tricky but offers a pathway to citizenship so if you think you may qualify, get in contact with an immigration attorney to discuss your options.
