If you are a non-resident who has committed certain crimes the Immigration Judge can not, and will not, give you Cancellation of Removal even if you are otherwise eligible.
There is a long list of violations (some obscure and some very common) that can automatically bar you from getting Cancellation of Removal. Usually, these crimes include:
- Crimes involving moral turpitude (commonly called a CIMT). However, if you have committed only one CIMT, and a sentence of six months or less was imposed, and the offense you were convicted of carries a maximum possible sentence of less than a year, you still may qualify for Cancellation of Removal.
- Offenses relating to controlled substances
- Two or more offenses that brought a total sentence imposed of five years or more
- An aggravated felony;
- Engaging in the business of prostitution
- Firearms offense
- High-speed flight from an immigration checkpoint
- A crime of child abuse, neglect, or abandonment
- A crime of domestic violence or stalking;
- Violations of certain portions of a domestic violence protection order
- Making a false claim to U.S. citizenship
- Espionage, treason, sedition, Selective Service Act or Trading with the Enemy violation;
- Failure to register or document fraud under certain federal acts
- Failure to register as a sex offender under federal law
- Entry/departure permit fraud
- Importation of immigrants for immoral purposes
- Threats against the president
- Military expeditions against friendly nations