Suspension of deportation is a relief rule for aliens in deportation proceedings under the Immigration and Nationality Act (INA) of 1952, which authorizes an immigration judge the discretion to relieve aliens 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 This rule was repealed under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 and replaced with 2 types of cancellation of removal (to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 INA of 1997. See: 8 USC § 1229b.
There are two types of proceedings to deny non-citizen’s hospitality in the United States. One is exclusion hearings (for those who are refused to enter the U.S. at the port of entry), and the other is deportation hearings. The deportation hearing is for those already physically in the U.S, which is held near their U.S. 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. An non-citizen who seeks suspension of deportation should establish that they have a continuous physical presence in the U.S. 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 updated in April of 2022 by the Wex Definitions Team]
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