[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5062 Engrossed in House (EH)]
2d Session
H. R. 5062
_______________________________________________________________________
AN ACT
To establish the eligibility of certain aliens lawfully admitted for
permanent residence for cancellation of removal under section 240A of
the Immigration and Nationality Act.
106th CONGRESS
2d Session
H. R. 5062
_______________________________________________________________________
AN ACT
To establish the eligibility of certain aliens lawfully admitted for
permanent residence for cancellation of removal under section 240A of
the Immigration and Nationality Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITING DISQUALIFICATION FROM CANCELLATION OF REMOVAL FOR
CERTAIN PERMANENT RESIDENT ALIENS.
(a) Termination of Period of Continuous Residence.--
(1) In general.--Section 240A(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by adding at
the end the following:
``Notwithstanding the preceding sentence, in determining under
such sentence whether a period of continuous residence
described in subsection (a)(2) has ended, any offense committed
on or before September 30, 1996, shall be disregarded.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the enactment of section
304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
587).
(b) Treatment of Particular Crimes as Aggravated Felonies.--
(1) In general.--Section 304 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (as contained
in title III of division C of Public Law 104-208; 110 Stat.
3009-587) is amended by adding at the end the following:
``(d) Transition Rule for Cancellation of Removal for Certain
Permanent Residents.--
``(1) In general.--Except as provided in paragraph (2),
notwithstanding section 321 or 322 of this Act, section 440 of
the Antiterrorism and Effective Death Penalty Act of 1996 (8
U.S.C. 1101 note), or any other provision of law (including any
effective date), in applying section 240A(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1229b(a)(3)) to a
criminal offense committed on or before September 30, 1996, the
term `aggravated felony' shall not be construed to include the
offense if the offense--
``(A) was not considered to be within the meaning
of that term (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) on
the date on which the offense was committed; and
``(B) is considered to be within the meaning of
that term (as so defined) by reason of the enactment
of--
``(i) this Act, in the case of an offense
committed during the period beginning on April
25, 1996, and ending on September 30, 1996; or
``(ii) this Act or the Antiterrorism and
Effective Death Penalty Act of 1996, in the
case of an offense committed on or before April
24, 1996.
``(2) Exception.--Paragraph (1) shall not apply to an
offense of rape or sexual abuse of a minor. The amendment made
by section 321(a)(1) of this Act shall not be affected by such
paragraph.
``(3) Course of conduct.--In the case in which a course of
conduct is an element of a criminal offense, for purposes of
paragraph (1), the date on which the last act or omission of
that course of conduct occurs shall be considered to be the
date on which the offense is committed.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the enactment of section
304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
587).
SEC. 2. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.
(a) In General.--Notwithstanding section 240(c)(6) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other
limitation imposed by law on motions to reopen removal proceedings, the
Attorney General shall establish a process (whether through permitting
the reopening of a removal proceeding or otherwise) under which an
alien--
(1) who is (or was) in removal proceedings before the date
of the enactment of this Act (whether or not the alien has been
removed as of such date); and
(2) whose eligibility for cancellation of removal has been
established by section 1 of this Act,
may apply (or reapply) for cancellation of removal under section
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a
beneficiary of the relief provided under section 1 of this Act.
(b) Parole.--The Attorney General should exercise the parole
authority under section 212(d)(5)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens
removed from the United States to participate in the process
established under subsection (a).
Passed the House of Representatives September 19, 2000.
Attest:
Clerk.