Cancellation of removal establishes a single removal hearing in place of the current separate exclusion and deportation hearings. Eligibility for Legal Permanent Residents Cancellation of removal for legal permanent residents requires seven years continuous presence in the Untied States, five of which are as a legal permanent resident. This is not available to anyone convicted of an aggravated felony. As the definition of aggravated felon is extensive, most criminal aliens will be ineligible for cancellation of removal. The definition now includes rape and sexual abuse of a minor as well as an extensive list of other crimes already included in the definition including virtually any crime related to drugs.
Relief remains discretionary.
Relief remains discretionary. In addition, the new law changes voluntary departure. Grants are limited to 60 days and if the alien fails to depart he or she will be ineligible for specified relief for 10 years and will be subject to civil penalties. The new law requires detention and removal of alien within 90 days of a final order of removal. Detention is mandatory during the removal period.