\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 1240 -- PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES (Chapter I part 240 was redesigned and duplicated as chapter V, part 1240, 2/28/03; 68 FR 9824) (Part 1240 was further amended to change reference citations, 3/5/03, 68 FR 10349) (Part 240 revised effective 4/1/97, previous part 240 redesignated as part 244; 62 FR 10312) \ § 1240.56 Application.
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Notwithstanding any other provision of this chapter, an alien who is deportable because of a conviction on or after November 18, 1988, for an aggravated felony as defined in section
of the Act, shall not be eligible for voluntary departure as prescribed in 8 CFR part 1240 and section 244 of the Act. Pursuant to subpart F of this part and section
of the Act, an immigration judge may authorize the suspension of an alien's deportation; or, if the alien establishes that he or she is willing and has the immediate means with which to depart promptly from the United States, an immigration judge may authorize the alien to depart voluntarily from the United States in lieu of deportation within such time as may be specified by the immigration judge when first authorizing voluntary departure, and under such conditions as the district director shall direct.
An application for suspension of deportation shall be made on Form EOIR-40.