C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 1240—PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES › Subpart B—Cancellation of Removal

8 C.F.R. § 1240.20

Cancellation of removal and adjustment of status under section 240A of the Act

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(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 § 1103.7(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 vested pursuant to § 1003.14 of this chapter.

(c) For cases raised under section 240A(b)(2) of the Act, extreme hardship shall be determined as set forth in § 1240.58 of this part.

[62 FR 10367, Mar. 6, 1997, as amended at 64 FR 27875, May 21, 1999; 85 FR 82794, Dec. 18, 2020]
Notes of Decisions
Cited in 7 cases (5 in the last 5 years), 2004–2026 · leading case: Santos-Zacaria v. Garland, 598 U.S. 411 (2023).
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Santos-Zacaria v. Garland, 598 U.S. 411 (2023). “See §§ 1229b, 1229c, 1255; 8 CFR §§ 1240.20 , 1240.26, 1245.1. Even the Government does not say these are remedies available “as of right” just because noncitizens have a right to request them.”
Santos-Zacaria v. Garland, 598 U.S. 411 (2023). “See §§1229b, 1229c, 1255; 8 CFR §§1240.20 , 1240.26, 1245.1. Even the Government does not say these are remedies available “as of right” just because noncitizens have a right to request them.”
Melquiades T. Lagandaon v. John Ashcroft, Attorney Gen., 383 F.3d 983 (9th Cir. 2004). “8 C.F.R. § 1240.20 (b). Jurisdiction vests when the Notice is filed with the court, not when it is earlier served on the alien.”
Attorney Grievance v. Tatung, 476 Md. 45 (Md. 2021). “See 8 C.F.R. §§ 1240.20 , 1240.15. 7 Based on our independent review of the record, Judge Abbott’s standing order regarding telephonic appearances at master calendar hearings appears to be specific to him.”
Attorney Grievance v. Tatung (Md. 2021). “See 8 C.F.R. §§ 1240.20 , 1240.15. 7 Based on our independent review of the record, Judge Abbott’s standing order regarding telephonic appearances at master calendar hearings appears to be specific to him.”
Bustillo v. McAleenan (M.D. Tenn. 2020). “” 8 C.F.R. § 1240.20 . The regulations also provide that submitting the filing fee to USCIS does not amount to filing of the application.”
Carlos Gonzalez-Benitez v. Todd Blanche (9th Cir. 2026). “58 (b) (providing that “an applicant must demonstrate that deportation would result in a degree of hardship beyond that typically associated with deportation”); 8 C.F.R. §1240.20 . The BIA reasonably concluded that Petitioner failed to show “extreme hardship.”
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