[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.56]

[Page 478]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES--Table of Contents
 
   Subpart F--Suspension of Deportation and Voluntary Departure (for 
              Proceedings Commenced Prior to April 1, 1997)
 
Sec. 240.56  Application.

    Notwithstanding any other provision of this chapter, an alien who is 
deportable because of a conviction on or after November 18, 1988, for an 
aggravated felony as defined in section 101(a)(43) of the Act, shall not 
be eligible for voluntary departure as prescribed in 8 CFR part 240 and 
section 244 of the Act. Pursuant to subpart F of this part and section 
244 of the Act, an immigration judge may authorize the suspension of an 
alien's deportation; or, if the alien establishes that he or she is 
willing and has the immediate means with which to depart promptly from 
the United States, an immigration judge may authorize the alien to 
depart voluntarily from the United States in lieu of deportation within 
such time as may be specified by the immigration judge when first 
authorizing voluntary departure, and under such conditions as the 
district director shall direct. An application for suspension of 
deportation shall be made on Form EOIR-40.