Suspension of Deportation and Special Rule Cancellation of Removal for Certain Nationals of Guatemala, El Salvador, and Former Soviet Bloc Countries

This rule implements section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA). It amends the Department of Justice (Department) regulations by offering certain beneficiaries of section 203 of NACARA who currently have asylum applications pending with the Immigration and Naturalization Service (Service), and their qualified dependents, the option of applying to the Service for suspension of deportation or cancellation of removal under the statutory requirements set forth in NACARA (``special rule cancellation of removal''). Described in very general terms, both suspension of deportation and special rule cancellation of removal are forms of discretionary relief that, if granted, permit an individual subject to deportation or removal to remain in the United States as a lawful permanent resident alien. Integrating the processing of certain applications under NACARA into the Service's Asylum Program will provide an efficient process for considering the suspension of deportation and special rule cancellation of removal applications of most of the approximately 240,000 registered class members of the American Baptist Churches v. Thornburgh (ABC) litigation and certain other beneficiaries of NACARA who have asylum applications pending with the Service, as well as their qualified family members. The Immigration Court will retain exclusive jurisdiction over most suspension of deportation and special rule cancellation of removal applications submitted by NACARA beneficiaries who have been placed in deportation or removal proceedings. This rule also codifies the relevant factors and standards for extreme hardship identified within existing case law, incorporates additional extreme hardship factors relevant to battered spouses and children, creates a rebuttable presumption of extreme hardship for NACARA-eligible ABC class members who submit completed applications, sets forth relevant eligibility criteria, creates procedures for adjudicating suspension of deportation and special rule cancellation of removal cases before the Service, and provides for the referral of certain cases to the Immigration Court.