[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.66]

[Page 450-451]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
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. 240.66  Eligibility for special rule cancellation of removal.

    (a) Applicable statutory provisions. To establish eligibility for 
special rule cancellation of removal, the applicant must show he or she 
is eligible under section 309(f)(1) of IIRIRA, as amended by section 203 
of NACARA. The applicant must be described in Sec. 240.61, must be 
inadmissible or deportable, must not be subject to any bars to 
eligibility in sections 240(b)(7), 240A(c), or 240B(d) of the Act, or 
any other provisions of law, and must not have been convicted of an

[[Page 451]]

aggravated felony or be an alien described in section 241(b)(3)(B)(I) of 
the Act (relating to persecution of others).
    (b) General rule. To establish eligibility for special rule 
cancellation of removal under section 309(f)(1)(A) of IIRIRA, as amended 
by section 203 of NACARA, the alien must establish that:
    (1) The alien is not inadmissible under section 212(a)(2) or (3) or 
deportable under section 237(a)(2), (3) or (4) of the Act (relating to 
criminal activity, document fraud, failure to register, and security 
threats);
    (2) The alien has been physically present in the United States for a 
continuous period of 7 years immediately preceding the date the 
application was filed;
    (3) The alien has been a person of good moral character during the 
required period of continuous physical presence; and
    (4) The alien's removal from the United States would result in 
extreme hardship to the alien, or to the alien's spouse, parent or child 
who is a United States citizen or an alien lawfully admitted for 
permanent residence.
    (c) Aliens inadmissible or deportable on criminal or certain other 
grounds. To establish eligibility for special rule cancellation of 
removal under section 309(f)(1)(B) of IIRIRA, as amended by section 203 
of NACARA, the alien must be described in Sec. 240.61 and establish 
that:
    (1) The alien is inadmissible under section 212(a)(2) of the Act 
(relating to criminal activity), or deportable under paragraphs (a)(2) 
(other than section 237(a)(2)(A)(iii), relating to aggravated felony 
convictions), or (a)(3) of section 237 of the Act (relating to criminal 
activity, document fraud, and failure to register);
    (2) The alien has been physically present in the United States for a 
continuous period of not less than 10 years immediately following the 
commission of an act, or the assumption of a status constituting a 
ground for removal;
    (3) The alien has been a person of good moral character during the 
required period of continuous physical presence; and
    (4) The alien's removal from the United States would result in 
exceptional and extremely unusual hardship to the alien or to the 
alien's spouse, parent, or child, who is a United States citizen or an 
alien lawfully admitted for permanent residence.