[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: 8CFR240.62]

[Page 480-481]
 
                     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 H--Applications for Suspension of Deportation or Special Rule 
      Cancellation of Removal Under Section 203 of Pub. L. 105-100
 
Sec. 240.62  Jurisdiction.

    (a) Office of International Affairs. Except as provided in paragraph 
(b) of this section, the Office of International Affairs shall have 
initial jurisdiction to grant or refer to the Immigration Court or Board 
an application for suspension of deportation or special rule 
cancellation of removal filed by an alien described in Sec. 240.61, 
provided:
    (1) In the case of a national of El Salvador described in 
Sec. 240.61(a)(1), the alien filed a complete asylum application on or 
before January 31, 1996 (with an administrative grace period extending 
to February 16, 1996), or otherwise met the asylum application filing 
deadline pursuant to the ABC settlement agreement, and the application 
is still pending adjudication by the Service;

[[Page 481]]

    (2) In the case of a national of Guatemala described in 
Sec. 240.61(a)(1), the alien filed a complete asylum application on or 
before January 3, 1995, or otherwise met the asylum application filing 
deadline pursuant to the ABC settlement agreement, and the application 
is still pending adjudication by the Service;
    (3) In the case of an individual described in Sec. 240.61(a)(2) or 
(3), the individual's asylum application is pending adjudication by the 
Service;
    (4) In the case of an individual described in Sec. 240.61(a)(4) or 
(5), the individual's parent or spouse has an application pending with 
the Service under this subpart H or has been granted relief by the 
Service under this subpart.
    (b) Immigration Court. The Immigration Court shall have exclusive 
jurisdiction over an application for suspension of deportation or 
special rule cancellation of removal filed pursuant to section 
309(f)(1)(A) or (B) of IIRIRA, as amended by NACARA, by an alien who has 
been served Form I-221, Order to Show Cause, or Form I-862, Notice to 
Appear, after a copy of the charging document has been filed with the 
Immigration Court, unless the alien is covered by one of the following 
exceptions:
    (1) Certain ABC class members. (i) The alien is a registered ABC 
class member for whom proceedings before the Immigration Court or the 
Board have been administratively closed or continued (including those 
aliens who had final orders of deportation or removal who have filed and 
been granted a motion to reopen as required under 8 CFR 3.43);
    (ii) The alien is eligible for benefits of the ABC settlement 
agreement and has not had a de novo asylum adjudication pursuant to the 
settlement agreement; and
    (iii) The alien has not moved for and been granted a motion to 
recalendar proceedings before the Immigration Court or the Board to 
request suspension of deportation.
    (2) Spouses, children, unmarried sons, and unmarried daughters. (i) 
The alien is described in Sec. 240.61(a) (4) or (5);
    (ii) The alien's spouse or parent is described in Sec. 240.61(a)(1), 
(a)(2), or (a)(3) and has a Form I-881 pending with the Service; and
    (iii) The alien's proceedings before the Immigration Court have been 
administratively closed, or the alien's proceedings before the Board 
have been continued, to permit the alien to file an application for 
suspension of deportation or special rule cancellation of removal with 
the Service.