[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR240.62]



[Page 447-448]

 

                     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. 240.62  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;

    (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



[[Page 448]]



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.