C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 240—VOLUNTARY DEPARTURE, SUSPENSION OF DEPORTATION AND SPECIAL RULE CANCELLATION OF REMOVAL › 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. § 240.61

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 4 cases, 2003–2017 · leading case: Marcial Lopez v. Jeff Sessions, 851 F.3d 626 (6th Cir. 2017).
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Marcial Lopez v. Jeff Sessions, 851 F.3d 626 (6th Cir. 2017). · cites it 2× “2160 , 2197-98 (1997); see 8 C.F.R. § 240.61 (a)(1), and (2) that his removal from the United States “would result in exceptional and extremely unusual hardship” to his qualifying relatives, 8 U.”
Guerra v. United States, 75 F. Supp. 3d 1276 (W.D. Wash. 2014). “IIRAIRA § 309(c)(5)(C)(i)(III), amended by NA-CARA § 203(a)(1); 8 C.F.R. § 240.61 (a)(4). Ms. Guerra submitted an 1-881 application pursuant to NACARA on June 13, 2007, as Mr.”
Catalan-Zacarias v. Ashcroft, 73 F. App'x 284 (9th Cir. 2003). “See 8 C.F.R. § 240.61 (a)(4). We dismiss Catalan-Zacarias’ petition to the extent he contends the reasoning of the Child Status Protection Act should be applied to his case because he failed to exhaust his administrative remedies before the IJ or BIA.”
Morales v. Ashcroft, 101 F. App'x 729 (9th Cir. 2004). “See 8 C.F.R. § 240.61 (2); see also Barahona-Gomez v.”
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