In Matter of Marin, 16 I&N Dec. 581 (BIA 1978), the immigration judge (“IJ”) found respondent deportable as charged on August 23, 1977 and denied his application for a waiver of inadmissibility under §212(c) and respondent's appeal was dismissed.
Cancellation of Removal is for LPRs who have been placed in removal proceedings. If you are in removal proceedings and are a green card holder, then this relief may be available to you. However, this is a defensive tactic that can only be filed in immigration court.
Cancellation of removal under § 240(A) provides relief for removable LPRs to retain their LPR status and avoid deportation. However, if you are an LPR and under removal proceedings, you must prove several points to attain this relief.
Xia Chen, a citizen of China, claimed to have suffered persecution in China as a Christian, and to fear future persecution for having once harbored a friend who practices Falun Gong. Chen fled to United States without a valid entry document in 2005. She was interviewed and served with a Notice to Appear charging inadmissibility.
The lead respondent of this case was a citizen from Guatemala who had suffered extensive abuse in the hands of her husband. On many occasions, the lead respondent suffered from weekly beatings, burns from having paint thinner thrown on her, a broken nose, and rape.
Petitioner Luxun Chen, a native and citizen of China, entered the United States on May 20, 2006 without being inspected by an immigration officer. Afterwards, he was served with a notice to appear. Chen sought relief from removal by filing applications for asylum, withholding of removal, and protection under the Convention against Torture (CAT).