---
kind: "section"
citation: "8 C.F.R. § 1240.20"
title: "8"
number: "1240.20"
heading: "Cancellation of removal and adjustment of status under section 240A of the Act."
url: "https://uscodex.org/cfr/8/1240.20"
---

# §1240.20. 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](/cfr/8/240.md) of the Act. The application must be accompanied by payment of the filing fee as set forth in [§ 1103.7(b)](/cfr/8/1103.7.md?p=b) of this chapter 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](/cfr/8/1003.14.md) 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](/cfr/8/1240.58.md) of this part.

## Notes

### Amendments

[62 FR 10367, Mar. 6, 1997, as amended at 64 FR 27875, May 21, 1999; 85 FR 82794, Dec. 18, 2020]

### Authority

Authority: 8 U.S.C. 1101 note, 1103, 1158, 1182, 1186a, 1186b, 1225, 1226, 1227, 1228, 1229a, 1229b, 1229c, 1252 note, 1255 note, 1361, 1362, 1801, 1802, 1808, 1812.

### Source

Source: 62 FR 10367, Mar. 6, 1997, unless otherwise noted. Redesignated in part and duplicated in part from part 240 at 68 FR 9838, 9840, Feb. 28, 2003.

### Amendments

[62 FR 10367, Mar. 6, 1997, as amended at 64 FR 27875, May 21, 1999; 85 FR 82794, Dec. 18, 2020]