suspension of deportation
Suspension of deportation is a statutory remedy that permits an immigration judge to grant discretionary relief from deportation to any alien in deportation proceedings who can show seven years continuous presence, good moral character, and that deportation would cause extreme hardship to herself or a citizen family member. This remedy has been in large part repealed by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) which imposes higher standards on aliens placed in removal proceedings seeking to qualify for cancellation of removal.
Definition from Nolo’s Plain-English Law Dictionary
An immigration remedy that is no longer available (with rare exceptions), it allowed undocumented immigrants placed into deportation proceedings to request permanent resident status on the basis of 1) continuous physical presence in the United States for at least seven years; 2) good moral character during this period; and 3) that the applicant's departure from the U.S. would cause "extreme hardship" to the applicant or any qualifying U.S. citizen or lawful permanent resident relatives, including spouse, parents, or children. The nearest remedy available now is called "cancellation of removal."
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:25 pm
CFR Part 1240—Proceedings to Determine Removability of Aliens in the United States
