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Adverse Considerations for Cancellation of Removal for LPRs


In a cancellation of removal cases for lawful permanent residents, the immigration judge will take into consideration both positive and negative factors. As for adverse considerations, the immigration judge will consider the following factors from In Re C.V.T., 22 I&N 7 (BIA 1998):

  • The nature and underlying circumstances of the exclusion or deportation ground at issue;

  • The presence of additional significant violations of this country’s immigration laws;

  • The existence of a criminal record and, if so, its nature, recency, and seriousness; and

  • The presence of other evidence indicative of a respondent’s bad character or undesirability as a permanent resident of this country.

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