8 CFR 1240.20 : Aliens And Nationality (§ 1.1 To Parts 1338-1399) — (§ 1.1 To Parts 1338-1399) — Executive Office For Immigration Review, Department Of Justice (Part 1000 To Parts 1338-1399) — Immigration Regulations (§ 1101.1 To § 1292.6) — Proceedings To Determine Removability Of Aliens In The United States (§ 1240.1 To § 1240.70) — Cancellation Of Removal (§ 1240.20 To §§ 1240.22-1240.24) — Cancellation of removal and adjustment of status under section 240A of the Act.

(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 § 103.7(b) of 8 CFR chapter I 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.