Page:United States Statutes at Large Volume 110 Part 4.djvu/757

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -594 "CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS "SEC. 240A. (a) CANCELLATION OF REMOVAL FOR CERTAIN 8 USC 122%. PERMANENT RESIDENTS. —The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien— "(1) has been an alien lawfully admitted for permanent residence for not less than 5 years, "(2) has resided in the United States continuously for 7 years after having been admitted in any status, and "(3) has not been convicted of any aggravated felony. " (b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.— "(1) IN GENERAL.— The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien— "(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; "(B) has been a person of good moral character during such period; "(C) has not been convicted of an offense under section 212(a)(2), 237(a)(2), or 237(a)(3); and "(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence. " (2) SPECIAL RULE FOR BATTERED SPOUSE OR CHILD.— The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien demonstrates that— "(A) the alien has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a United States citizen or lawful permanent resident (or is the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or permanent resident parent); "(B) the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application; "(C) the alien has been a person of good moral character during such period; "(D) the alien is not inadmissible under paragraph (2) or (3) of section 212(a), is not deportable under paragraph (1)(G) or (2) through (4) of section 237(a), and has not been convicted of an aggravated felony; and "(E) the removal would result in extreme hardship to the alien, the alien's child, or (in the case of an alien who is a child) to the alien's parent. In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.