C. Cancellation of Removal For Certain Nonpermanent Residents under INA §240A(b)(1) Another form of relief that stateless persons may qualify for is Cancellation of Removal for certain nonLawful Permanent Residents. Where an individual’s stateless status is relevant will be in meeting the “exceptional and extremely unusual” hardship requirement for cancellation of removal for certain nonpermanent residents under INA §240A(b)(1). 1. Eligibility Requirements for Cancellation of Removal under INA §240A(b)(1) An individual who is not a lawful permanent resident of the United States and who is placed into removal proceedings may be eligible for cancellation of removal under INA §240A(b). Cancellation of removal is a discretionary grant of relief from removal based on certain humanitarian considerations in an individual case. In order to be eligible for a grant of cancellation of removal, the respondent must prove that she meets the following criteria: ! ! ! ! Has been physically present in the United States for a continuous period of not less than ten years immediately preceding [receipt of the notice to appear]; Has been a person of good moral character during such period; Has not been convicted of a criminal offense matching those described under INA §212(a)(2) (concerning crimes of moral turpitude), INA §237(a)(2) (a long list of crimes that make one deportable, such as crimes of moral turpitude, aggravated felonies, sex offenses, domestic violence, etc.,) or INA §237(a)(3) (concerning visa fraud and other use of false documents, and falsely claiming to be a U.S. citizen); and Has a U.S. citizen or lawful permanent spouse, parent, or child, which family member would suffer exceptional and extremely unusual hardship if the person were removed from the United States.176 In the case of stateless persons, it is the final factor—proving “exceptional and extremely unusual hardship”—that becomes particularly relevant to an individual’s lack of a nationality. 2. Proving Exceptional and Extremely Unusual Hardship In considering whether the circumstances resulting from a respondent’s removal will result in exceptional and extremely unusual hardship in a particular case, an IJ will consider evidence of: ! ! ! ! ! ! ! ! 176 177 Age of a [respondent], both at the time of entry and at the time of the application for relief; Family ties in the United States and abroad; Length of residence in this country; The health of the respondent and qualifying family members; The political and economic conditions in the country of return; The possibility of other means of adjusting status in the United States; The [respondent]’s involvement and position in his or her community here; and, Her or his immigration history.177 See 8 C.F.R. § 1229b(b). Matter of Monreal, 23 I&N Dec. 56, 63 (BIA 2001) (emphasis added). 38