suspension of deportation

Suspension of deportation was a relief rule for non-citizens in deportation proceedings under the Immigration and Nationality Act (INA) of 1952, which authorizes an immigration judge the discretion to relieve non-citizens of deportations. This rule was repealed under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 and replaced with 2 types of cancellation of removal (to permanent/nonpermanent residents) under the Immigration and Nationality Act (INA) of 1997. See: 8 USC § 1229b. 

There are two types of proceedings to deny non-citizens' hospitality in the United States. One is exclusion hearings (for those who are refused to enter the United States at the port of entry), and the other is deportation hearings. The deportation hearing is for those already physically in the United States, which is held near their United States residence, and should give notice 7 days prior. If the INS prevails in a deportation proceeding, it can be appealed. If the appeal fails, they might seek suspension of deportation. A non-citizen who seeks suspension of deportation should establish that they have a continuous physical presence in the United States for more than 7 years (under current cancellation statutes, it is 10 years), has good character, and will suffer extreme and exceptional hardship if deported (or their U.S. citizen or permanent resident direct family members will suffer hardship). See: 8 CFR § 240.65.

[Last reviewed in June of 2026 by the Wex Definitions Team]

Keywords

• cancellation of removal
• extreme hardship

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