[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: 8CFR240.66]



[Page 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 

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.