Fill and Sign the Krishikosh Thesis Form

§ 240.25 8 CFR Ch. I (1–1–11 Edition) finding of no good moral character on a ground not specifically noted in section 101(f) of the Act, a failure to establish exceptional or extremely unusual hardship to a qualifying relative in cancellation cases, or a failure to establish extreme hardship to the applicant and/ or qualifying relative in suspension cases. (2) Aliens applying for additional forms of relief. Whether or not the cap has been reached, the Immigration Court or the Board shall adjudicate concurrently all other forms of relief for which the alien has applied. Applications for suspension of deportation or cancellation of removal shall be denied in the exercise of discretion if the alien is granted asylum or adjustment of status, including pursuant to section 202 of NACARA, while the suspension of deportation or cancellation of removal application is pending. Where an appeal of a decision granting asylum or adjustment is sustained by the Board, a decision to deny as a matter of discretion an application for suspension of deportation or cancellation of removal on this basis shall be reconsidered. [63 FR 52138, Sept. 30, 1998, as amended at 66 FR 6446, Jan. 22, 2001] wwoods2 on DSK1DXX6B1PROD with CFR Subpart C—Voluntary Departure § 240.25 Voluntary departure—authority of the Service. (a) Authorized officers. The authority contained in section 240B(a) of the Act to permit aliens to depart voluntarily from the United States may be exercised in lieu of being subject to proceedings under section 240 of the Act by district directors, assistant district directors for investigations, assistant district directors for examinations, officers in charge, chief patrol agents, the Deputy Executive Associate Commissioner for Detention and Removal, the Director of the Office of Juvenile Affairs, service center directors, and assistant service center directors for examinations. (b) Conditions. The Service may attach to the granting of voluntary departure any conditions it deems necessary to ensure the alien’s timely departure from the United States, including the posting of a bond, continued detention pending departure, and re- moval under safeguards. The alien shall be required to present to the Service, for inspection and photocopying, his or her passport or other travel documentation sufficient to assure lawful entry into the country to which the alien is departing. The Service may hold the passport or documentation for sufficient time to investigate its authenticity. A voluntary departure order permitting an alien to depart voluntarily shall inform the alien of the penalties under section 240B(d) of the Act. (c) Decision. The authorized officer, in his or her discretion, shall specify the period of time permitted for voluntary departure, and may grant extensions thereof, except that the total period allowed, including any extensions, shall not exceed 120 days. Every decision regarding voluntary departure shall be communicated in writing on Form I– 210, Notice of Action—Voluntary Departure. Voluntary departure may not be granted unless the alien requests such voluntary departure and agrees to its terms and conditions. (d) Application. Any alien who believes himself or herself to be eligible for voluntary departure under this section may apply therefor at any office of the Service. After the commencement of removal proceedings, the application may be communicated through the Service counsel. If the Service agrees to voluntary departure after proceedings have commenced, it may either: (1) Join in a motion to terminate the proceedings, and if the proceedings are terminated, grant voluntary departure; or (2) Join in a motion asking the immigration judge to permit voluntary departure in accordance with § 240.26. (e) Appeals. An appeal shall not lie from a denial of an application for voluntary departure under this section, but the denial shall be without prejudice to the alien’s right to apply to the immigration judge for voluntary departure in accordance with § 240.26 or for relief from removal under any provision of law. (f) Revocation. If, subsequent to the granting of an application for voluntary departure under this section, it is ascertained that the application 512 VerDate Mar2010 09:04 Mar 15, 2011 Jkt 223027 PO 00000 Frm 00522 Fmt 8010 Sfmt 8010 Y:\SGML\223027.XXX 223027 Department of Homeland Security § 240.61 should not have been granted, that grant may be revoked without advance notice by any officer authorized to grant voluntary departure under § 240.25(a). Such revocation shall be communicated in writing, citing the statutory basis for revocation. No appeal shall lie from revocation. [62 FR 10367, Mar. 6, 1997, as amended at 67 FR 39258, June 7, 2002] Subpart D—Exclusion of Aliens (for Proceedings Commenced Prior to April 1, 1997) [Reserved] Subpart E—Proceedings to Determine Deportability of Aliens in the United States: Hearing and Appeal (for Proceedings Commenced Prior to April 1, 1997) [Reserved] Subpart F—Suspension of Deportation and Voluntary Departure (for Proceedings Commenced Prior to April 1, 1997) [Reserved] Subpart G—Civil Penalties for Failure to Depart [Reserved] Subpart H—Applications for Suspension of Deportation or Special Rule Cancellation of Removal Under Section 203 of Pub. L. 105–100 wwoods2 on DSK1DXX6B1PROD with CFR SOURCE: 64 FR 27876, May 21, 1999, unless otherwise noted. § 240.60 Definitions. 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. § 240.61 Applicability. (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 513 VerDate Mar2010 09:04 Mar 15, 2011 Jkt 223027 PO 00000 Frm 00523 Fmt 8010 Sfmt 8010 Y:\SGML\223027.XXX 223027