TITLE 8 - ALIENS AND NATIONALITY

CHAPTER V - EXECUTIVE OFFICE OF IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE

SUBCHAPTER B - IMMIGRATION REGULATIONS

PART 1240 - PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES

subpart h - APPLICATIONS FOR SUSPENSION OF DEPORTATION OR SPECIAL RULE CANCELLATION OF REMOVAL UNDER SECTION 203 OF PUB. L. 105 - 100

1240.62 - 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 1240.61, provided: (1) In the case of a national of El Salvador described in 1240.61(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 1240.61(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 1240.61(a)(2) or (3), the individual's asylum application is pending adjudication by the Service; (4) In the case of an individual described in 1240.61(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 I221, Order to Show Cause, or Form I862, 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 1003.43); (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 1240.61(a) (4) or (5); (ii) The alien's spouse or parent is described in 1240.61(a)(1), (a)(2), or (a)(3) and has a Form I881 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.