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 H—Applications for Suspension of Deportation or Special Rule Cancellation of Removal Under Section 203 of Pub. L. 105-100

8 C.F.R. § 1240.60

Definitions

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As used in this subpart the term:

ABC means American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991).

ABC class member refers to:

(1) Any Guatemalan national who first entered the United States on or before October 1, 1990; and

(2) Any Salvadoran national who first entered the United States on or before September 19, 1990.

Asylum application pending adjudication by the Service means any asylum application for which the Service has not served the applicant with a final decision or which has not been referred to the Immigration Court.

Filed an application for asylum means the proper filing of a principal asylum application or filing a derivative asylum application by being properly included as a dependent spouse or child in an asylum application pursuant to the regulations and procedures in effect at the time of filing the principal or derivative asylum application.

IIRIRA means the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, enacted as Pub. L. 104-208 (110 Stat. 3009-625).

NACARA means the Nicaraguan Adjustment and Central American Relief Act (NACARA), enacted as title II of Pub. L. 105-100 (111 Stat. 2160, 2193), as amended by the Technical Corrections to the Nicaraguan Adjustment and Central American Relief Act, Pub. L. 105-139 (111 Stat. 2644).

Registered ABC class member means an ABC class member who:

(1) In the case of an ABC class member who is a national of El Salvador, properly submitted an ABC registration form to the Service on or before October 31, 1991, or applied for temporary protected status on or before October 31, 1991; or

(2) In the case of an ABC class member who is a national of Guatemala, properly submitted an ABC registration form to the Service on or before December 31, 1991.

Notes of Decisions
Cited in 16 cases, 2008–2020 · leading case: Barrios v. Holder
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Barrios v. Holder (2009) ca9 “§ 1101 , or in any of the relevant regulations, see 8 C.F.R. §§ 1240.60 , .61, .66, “we give it its ordinary meaning.”
GONZALEZ-RUANO v. Holder (2011) ca1 “2160 , 2193-94; 8 C.F.R. §§ 1240.60 , 1240.61. 2 . Gonzalez-Ruano testified that his first wife began having an intimate affair with another man, and eventually their marriage failed.”
Rivera v. Sessions (2018) ca1 “1991) ; 8 C.F.R. §§ 1240.60 , 1240.61(a)(1)-(2). The IJ further found that Rivera failed adequately to establish ten years of continuous physical presence for purposes of INA § 240A(b)(1).”
Ricardo Angel v. Loretta E. Lynch (2016) ca9 “See 8 C.F.R. § 1240.60 et seq. An applicant seeking NACARA relief “must not .”
Carlos Hernandez v. Eric Holder, Jr. (2012) ca9 · cites it 2× “See 8 C.F.R. §§ 1240.60 , 1240.66. In addition, NA-CARA requires Hernandez to have first registered for benefits on or before December 31, 1991, (see 8 C.”
Jose Alonzo v. Eric Holder, Jr. (2012) ca9 · cites it 2× “8 C.F.R. §§ 1240.60 (a), 1240.61(a). Alonzo cannot meet the requirements for the first avenue to NACARA relief under 8 C.”
Pedro Vincente Sontay v. U.S. Attorney General (2018) ca11 “” 8 C.F.R. § 1240.60 . NACARA § 203 also contains a jurisdiction-stripping provision, however, providing that “[a] determination by the Attorney General as to whether an alien satisfies the requirements of this clause [.”
Boris Guardado-Sanchez v. Jefferson Sessions (2018) ca9 “See 8 C.F.R. § 1240.60 (Salvadoran nationals that applied for temporary protected status on or before October 31, 1991 are deemed to be registered ABC class members).”
Jose Henriquez v. William Barr (2020) ca9 “§ 1101 note (as added by NACARA, and as subsequently amended); see also 8 C.F.R. § 1240.60 (2); Cortez-Pineda v. Holder, 610 F.”
Valdez De Mansilla v. Mukasey (2008) ca1 “8 C.F.R. §§ 1240.60 , 1240.61(a)( 1 )(2).”
Orellana v. Attorney General of the United States (2011) ca3 “…before October 1, 1990, and (2) have properly submitted an ABC registration form on or before December 31, 1991. 8 C.F.R. § 1240.60 .”
Cordova-Melgar v. Attorney General of the United States (2011) ca3 “See 8 C.F.R. §§ 1240.60 ,1240.61(a)(l)-(2). See also §§ 1240.”
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