Cancellation of Removal granted for person
Securing a Cancellation of Removal after an aggravated felony conviction is an uphill legal battle, as these offenses typically trigger mandatory deportation. However, success is possible if you can prove the conviction was improperly categorized or if you qualify under specific provisions.
The key lies in the categorical approach, where your attorney argues the crime doesn’t meet the federal definition of an aggravated felony. Because the stakes involve permanent bars from the U.S., aggressive legal defense is essential to protect your residency.
— How it happened and what to learn
A grant of cancellation of removal to someone with an aggravated-felony conviction is uncommon and usually depends on narrow factual or legal circumstances. This page explains the legal barriers, the paths by which cancellation may nevertheless be obtained, the evidence and litigation strategies that commonly succeed, and practical next steps after a favorable ruling.
Why a grant is rare (and how it still can happen)
- Aggravated-felonies are major barriers: these convictions often preclude eligibility or weigh heavily against discretionary relief.
- Possible routes to relief: conviction vacatur or withdrawal, successful categorical/modified-categorical analysis showing the statute does not match, post-conviction relief for ineffective assistance, or exceptionally compelling equities persuading a judge to grant cancellation.
Evidence to assemble
- Certified dispositions, plea colloquies, and sentencing minutes.
- Post-conviction orders (vacaturs, resentencings) and criminal-defense filings.
- Mitigation materials: employment, family ties, medical records, and community declarations.
Practical next steps
- Pull the full criminal file and run a categorical analysis.
- Coordinate post-conviction relief with criminal counsel where appropriate.
- Assemble a robust equities packet and file the cancellation application or motion with strong supporting exhibits.
- Prepare parallel relief and appellate preservation if the government appeals.
Contact us to prepare a conviction audit, mitigation packet, or motion to reopen/appeal related to a cancellation order.