EOIR final rule allows IJs and BIA to deny cancellation and suspension applications after annual cap is reached

Original Date Announced
December 5, 2017
EOIR issues a final rule that allows IJs and BIA to issue denials on applications for cancellation of removal or suspension of deportation without regard to the annual cap. Once the annual cap is reached, denials may be issued, but grants must be held in abeyance until the next fiscal year.
[ID #151]
Procedures Further Implementing the Annual Limitation on Suspension of Deportation and Cancellation of Removal
Effective Date
January 4, 2018

Fully in Effect

Status: Final/Actual

Trump Administration Action: Rule

Subject Matter: Hearings and Adjudications

Agencies Affected: EOIR

Pre Trump-Era Policies

October 3, 1997 Interim Rule on Suspension of Deportation and Cancellation of Removal
September 30, 1998 IJs and the BIA must reserve decisions on all cases involving a suspension or cancellation application once the annual cap has been reached, irrespective of whether the application will be granted or denied. Decisions may not be issued until the next fiscal year. Interim Rule on Suspension of Deportation and Cancellation of Removal