Congress made eligibility for cancellation of removal depend, in part, on ABC registration. The Attorney General expressly conferred authority to IJ's to decide cancellation cases. 8 C.F.R. 1240.62(b). In light of these developments, Congress and the Executive arguably intended for an IJ to have authority to decide ABC registration in the cancellation context. Matter of Morales, 21 I. & N. Dec. 130 (BIA 1995), addressed the issue of the IJ's jurisdiction to decide ABC registration for the purposes of implementing the ABC settlement agreement. Significantly, the BIA decided Morales before Congress created the cancellation provision and before the AG expressly conferred authority on IJ's to decide cancellation cases by promulgating 8 C.F.R. 1240.62(b). In light of the NACARA statute and the regulation, Morales is limited to registration decisions implementing the ABC agreement.

jurisdiction: 
Other

 

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