The Immigration and Nationality Act (INA) under Section 240A allows the Department of Homeland Security (DHS) to cancel the removal of non-citizens who meet certain statutory requirements. There are three types of cancellations of removal: cancellation of removal for permanent residents; cancellation of removal for non-permanent residents; cancellation of removal for battered spouses; and cancellation of removal for Guatemalans, Salvadorans, and former Soviet Bloc nationals (

On January 3, 2012, the Board of Immigration Appeals, in Matter of R-A-M-, held that a conviction for possession of child pornography is an aggravated felony and a particularly serious crime, barring withholding of removal. The case involved a citizen of Honduras, who applied for asylum and withholding of removal based on his alleged mistreatment on account of his sexual orientation. While his asylum application was pending with the immigration court, the respondent was convi