Non-LPR Cancellation of Removal is an important deportation defense for eligible individuals in removal proceedings who have resided in the United States for many years. Proving “exceptional and extremely unusual” hardship to a qualifying relative can be difficult, but when medical or psychological conditions are present, they are often the strongest hardship factor. This advisory explains how to meet the requisite hardship burden in Non-LPR Cancellation cases by demonstrating medical and psychological hardship, especially in light of the BIA’s recent decision, Matter of J-J-G. The advisory discusses various ways to document medical and psychological conditions and show how those conditions would cause hardship to qualifying relatives, in the event of the applicant’s removal.
