06/03/2026
This new precedential decision, Matter of Richards, stands for an important discretionary principle in cancellation of removal cases:
Holding:
An applicant's lack of candor or dishonesty regarding their criminal history is a significant adverse factor when an Immigration Judge exercises discretion on an application for cancellation of removal.
Key Takeaways
Even if a lawful permanent resident is statutorily eligible for cancellation of removal under INA §240A(a), relief can still be denied as a matter of discretion.
Immigration Judges evaluate both favorable and unfavorable factors.
Providing inaccurate, incomplete, misleading, or false information about prior arrests, convictions, or criminal conduct can weigh heavily against a grant of relief.
The BIA emphasized that honesty and credibility are critical considerations when seeking discretionary immigration benefits.
Facts of the Case
Respondent was a lawful permanent resident since 1992.
Convicted in Texas in 2009 for ma*****na possession.
In 2025, upon returning to the United States, he was charged as inadmissible under INA §212(a)(2)(A)(i)(II) for a controlled substance conviction.
He sought cancellation of removal under INA §240A(a).
The Immigration Judge denied relief in the exercise of discretion, and the BIA affirmed.
Practice Pointer
For practitioners handling cancellation cases, this decision underscores the importance of:
Thoroughly reviewing a client's criminal history before testimony.
Ensuring all applications accurately disclose arrests and convictions.
Correcting any prior inconsistencies before the merits hearing.
Preparing clients carefully regarding testimony about past criminal conduct.
A strong equities case can be significantly undermined if the Immigration Judge concludes the respondent was not truthful about their criminal history.