[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.20]

[Page 491-492]
 
                     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 B--Cancellation of Removal
 
Sec. 240.20  Cancellation of removal and adjustment of status under section 240A of the Act.


    (a) Jurisdiction. An application for the exercise of discretion 
under section 240A of the Act shall be submitted on Form EOIR-42, 
Application for Cancellation of Removal, to the Immigration Court having 
administrative control over the Record of Proceeding of the underlying 
removal proceeding under section 240 of the Act. The application must be 
accompanied by payment of the filing fee as set forth in Sec. 103.7(b) 
of this chapter or a request for a fee waiver.
    (b) Filing the application. The application may be filed only with 
the Immigration Court after jurisdiction has

[[Page 492]]

vested pursuant to Sec. 3.14 of this chapter.
    (c) For cases raised under section 240A(b)(2) of the Act, extreme 
hardship shall be determined as set forth in Sec. 240.58 of this part.

[62 FR 10367, Mar. 6, 1997, as amended at 64 FR 27875, May 21, 1999]