Cancellation of removal for LPRs is available to noncitizens who obtained their LPR status by fraud as long as the fraud is waived (for example under INA 237(a)(1)(H), 8 USC 1227(a)(1)(H)), before the application for cancellation of removal is made (though both may occur in a single removal proceeding). Matter of Sosa-Hernandez, 20 I. N. Dec. 758 (1993) (where immigration judge grants the permanent resident fraud waiver, permanent residency becomes valid as of the day that it was originally granted); Matter of Kolomatangi, 23 I&N 548 (BIA 2003). But see Matter of Ayala, 22 I&N 398 (BIA 1998) (permanent resident who asserted he obtained that status by fraud because of undisclosed criminal activity was held permanent resident for purposes of the bars to 212(h) relief).

jurisdiction: 
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