EOIR OPPM 12-01: Procedures for Suspension/Cancellation Cases as Cap Approaches

Operating Policies and Procedures Memorandum 12-01: Procedures on Handling Applications for Suspension/Cancellation in Non-Detained Cases Once Numbers are no Longer Available in a Fiscal Year - Feb. 3, 2012.

"This Operating Policies and Procedures Memorandum (OPPM) supersedes and replaces OPPM 11-01. Under an interim regulation issued on September 30, 1998, 63 Fed. Reg. 52134-02, the Department of Justice eliminated the conditional grant process to implement the annual cap on grants of applications for suspension of deportation under former section 244(a) of the Immigration and Nationality Act (INA) (herein referred to as "suspension") and cancellation of removal for nonpermanent residents pursuant to section 240A(b) of the INA (herein referred to as "cancellation" or "cancellation of removaSle"e ).'s ection 240A(e) of the INA. The regulation created a process in which the Immigration Courts and the Board of Immigration Appeals (BIA) can decide suspension of deportation or cancellation of removal cases as long as numbers are available. This OPPM sets forth the procedures for reserving decision in non-detained suspension of deportation or cancellation of removal cases which are subject to the cap. See 8 C.F.R. § 1240.21(c). Accordingly, once numbers are no longer available in a fiscal year, Immigration Judges must, with some exceptions, reserve the decision in all non-detained suspension of deportation or cancellation of removal cases that are subject to the cap. The Office of the Chief Immigration Judge is administering the cap so as to permit detained cases involving suspension of deportation or cancellation of removal to proceed throughout the fiscal year. Therefore, the cap procedures identified herein relate only to non-detained cases."