Section 240A of the INA allows the Attorney General to cancel the removal of inadmissible and deportable aliens who meet certain statutory requirements.

Section 304(a) of the 1996 Act added cancellation of removal, as a form of relief from removal. Section 240A(a) is analogous to the waiver under former Section 212(c) of the INA, which allowed the INS, in its discretion, to waive the exclusion of a lawfully admitted permanent resident who was returning to the United States to a lawful unrelinquished domicile of seven consecutive years. While the literal language of the former statute appeared to limit its relief to returning permanent residents in the exclusion context, the relief was extended by case law to permanent residents in deportation proceedings, and the BIA accepted this construction.

The new cancellation of removal statute makes clear that the relief is available to both inadmissible and deportable aliens and eliminates some of the ambiguity caused by the language contained in the former statute, which required the resident to be returning to a "lawful unrelinquished domicile." The 1996 Act specifies that the alien must have been a permanent resident for at least five years and must have resided in the United States continuously for seven years after having been admitted in any status. The new law also contains important provisions governing the accrual of the seven-year statutory period which settle much of the litigation that developed under the prior statute.

Section 240A(b) is analogous to suspension of deportation under former Section 244(a) of the INA. Former Section 244(a) allowed the Attorney General to cancel deportation proceedings and automatically adjust the alien's status to that of a permanent resident. The grant of suspension eliminated all existing grounds for deportation, so that the alien was afforded a "clean slate" for immigration purposes. Different standards were applied in adjudicating suspension applications depending on whether the alien had committed aggravated deportable offenses. The latter class of aliens was required to establish ten years of continuous presence in the United States, good moral character, and "exceptional and extremely unusual hardship." Persons who had not committed an aggravated offense were required to show continuous presence for seven years, good moral character, and extreme hardship to a qualifying U.S. citizen or permanent resident relative.

Finally, aliens who were victims of abuse by their U.S. citizen spouse or parent were eligible for suspension if they had been physically present in the United States for a continuous period of at least three years, they were persons of good moral character, and extreme hardship would result from deportation.

The 1996 Act clarifies that both inadmissible and deportable aliens are eligible for cancellation of removal under Section 240A(b). This change mainly benefits persons who entered without inspection who are considered applicants for admission under the 1996 Act and, therefore, subject to the grounds of inadmissibility. More significantly, the 1996 Act eliminates relief for persons who have committed offenses that render them inadmissible or deportable under one of the criminal grounds for removal. In addition, the 1996 Act increases the required period of continuous presence to ten years and tightens the hardship standard for most aliens who remain eligible for relief. Specifically, the alien must establish exceptional and extremely unusual hardship to an immediate relative who is a U.S. citizen or permanent resident. As under prior law, the 1996 Act relaxes the standards for aliens who are victims of abuse by their U.S. citizen spouse or child