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. § 1240.61

Applicability

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(a) Except as provided in paragraph (b) of this section, this subpart H applies to the following aliens:

(1) A registered ABC class member who has not been apprehended at the time of entry after December 19, 1990;

(2) A Guatemalan or Salvadoran national who filed an application for asylum with the Service on or before April 1, 1990, either by filing an application with the Service or filing the application with the Immigration Court and serving a copy of that application on the Service.

(3) An alien who entered the United States on or before December 31, 1990, filed an application for asylum on or before December 31, 1991, and, at the time of filing the application, was a national of the Soviet Union, Russia, any republic of the former Soviet Union, Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania, East Germany, Yugoslavia, or any state of the former Yugoslavia;

(4) An alien who is the spouse or child of an individual described in paragraph (a)(1), (a)(2), or (a)(3) of this section at the time a decision is made to suspend the deportation, or cancel the removal, of the individual described in paragraph (a)(1), (a)(2), or (a)(3) of this section;

(5) An alien who is:

(i) The unmarried son or unmarried daughter of an individual described in paragraph (a)(1), (a)(2), or (a)(3) of this section and is 21 years of age or older at the time a decision is made to suspend the deportation, or cancel the removal, of the parent described in paragraph (a)(1), (a)(2), or (a)(3) of this section; and

(ii) Entered the United States on or before October 1, 1990.

(b) This subpart H does not apply to any alien who has been convicted at any time of an aggravated felony, as defined in section 101(a)(43) of the Act.

Notes of Decisions
Cited in 39 cases (3 in the last 5 years), 2007–2024 · leading case: Barrios v. Holder
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Barrios v. Holder (2009) ca9 · cites it 5× “Whether Ramos Satisfies One of the Threshold Requirements To qualify for special rule cancellation, an applicant first must show that he falls into one of the five groups identified in 8 C.F.R. § 1240.61 (a). 7 As an initial matter, we must briefly address whether we have…”
Fermin Monroy v. Loretta E. Lynch (2016) ca9 · cites it 2× “See 8 C.F.R. § 1240.61 (a)(5)(i). Monroy also applied for voluntary departure.”
Ixcot v. Holder (2011) ca9 · cites it 2× “The government responds that, because DHS determined that Chay did not register for the so-called “ABC benefits” as required to be eligible for “special rule cancellation of removal” under NACARA § 203, see 8 C.F.R. § 1240.61 , this court lacks jurisdiction over Chay’s NACARA…”
Ramos Barrios v. Holder (2009) ca9 · cites it 4× “Whether Ramos Satisfies One of the Threshold Requirements To qualify for special rule cancellation, an applicant first must show that he falls into one of the five groups identified in 8 C.F.R. § 1240.61 (a). 7 As an initial matter, we must briefly address whether we have…”
Sicaju-Diaz v. Holder (2011) ca1 · cites it 2× “at 2197; 8 C.F.R. § 1240.61 (a). In a June 2006 decision, the IJ found that Sicaju-Diaz failed to meet this condition because he had been apprehended on June 22, 1991, while wading across the Rio Grande river to enter the United States.”
Rosaura Sola v. Eric Holder, Jr. (2013) ca9 “§ 1158 (b)(3)(A); 8 C.F.R. § 1240.61 (a)(4). Sola submitted an affirmative application for NACARA relief as well.”
Manuel Campos-Hernandez v. Jefferson Sessions (2018) ca9 “See NACARA § 203(b);3 8 C.F.R. § 1240.61 (a); Barrios v. Holder, 581 F.”
Ramirez Matias v. Holder (2015) ca1 “1101 note); 8 C.F.R. §§ 1240.61 (a); 1240.66(a). Additionally, such a person (who, like the petitioner, is not inadmissible under 8 U.”
Figueroa v. Garland (2024) ca1 “See 8 C.F.R. § 1240.61 (a). Similarly, Monreal-Aguinaga, in which the BIA ordered the removal of a noncitizen who had been in this country for more than twenty years, see 23 I.”
Oscar De Leon v. Eric Holder, Jr. (2014) ca4 “8 C.F.R. § 1240.61 (a)(1). “Entry” into the United States for immigration purposes requires more than setting foot on American soil.”
Ronald Hernandez v. Eric H. Holder, Jr. (2014) ca8 “§ 1227 (a)(2)(A)(iii), and special cancellation of removal under the NACARA, 8 C.F.R. § 1240.61 (b). An “aggravated felony” includes “a theft offense .”
Ramos v. Holder (2011) ca4 “See 8 C.F.R. § 1240.61 (a)(5). The IJ additionally found that Teresa did not qualify as a dependent because she is married and entered after 1990.”
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