106TH CONGRESS

2D SESSION H. R. 5062

AN ACT

To establish the eligibility of certain aliens lawfully

admitted for permanent residence for cancellationof 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. LIMITING DISQUALIFICATION FROM CAN2 CELLATION OF REMOVAL FOR CERTAIN PER3 MANENT RESIDENT ALIENS.

4 (a) TERMINATION OF PERIOD OF CONTINUOUS RESI5 DENCE.—

6 (1) IN GENERAL.—Section 240A(d)(1) of the

7 Immigration and Nationality Act (8 U.S.C.

8 1229b(d)(1)) is amended by adding at the end the

9 following:

10 ‘‘Notwithstanding the preceding sentence, in deter11 mining under such sentence whether a period of con12 tinuous residence described in subsection (a)(2) has

13 ended, any offense committed on or before Sep14 tember 30, 1996, shall be disregarded.’’.

15 (2) EFFECTIVE DATE.—The amendment made

16 by paragraph (1) shall take effect as if included in

17 the enactment of section 304 of the Illegal Immigra18 tion Reform and Immigrant Responsibility Act of

19 1996 (Public Law 104–208; 110 Stat. 3009–587).

20 (b) TREATMENT OF PARTICULAR CRIMES AS AGGRA21 VATED FELONIES.—

22 (1) IN GENERAL.—Section 304 of the Illegal

23 Immigration Reform and Immigrant Responsibility

24 Act of 1996 (as contained in title III of division C

25 of Public Law 104–208; 110 Stat. 3009–587) is

26 amended by adding at the end the following:
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1 ‘‘(d) TRANSITION RULE FOR CANCELLATION OF RE2 MOVAL FOR CERTAIN PERMANENT RESIDENTS.—

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), notwithstanding section 321 or 322 of

5 this Act, section 440 of the Antiterrorism and Effec6 tive Death Penalty Act of 1996 (8 U.S.C. 1101

7 note), or any other provision of law (including any

8 effective date), in applying section 240A(a)(3) of the

9 Immigration and Nationality Act (8 U.S.C.

10 1229b(a)(3)) to a criminal offense committed on or

11 before September 30, 1996, the term ‘aggravated

12 felony’ shall not be construed to include the offense

13 if the offense—

14 ‘‘(A) was not considered to be within the

15 meaning of that term (as defined in section

16 101(a) of the Immigration and Nationality Act

17 (8 U.S.C. 1101(a)) on the date on which the of18 fense was committed; and

19 ‘‘(B) is considered to be within the mean20 ing of that term (as so defined) by reason of

21 the enactment of—

22 ‘‘(i) this Act, in the case of an offense

23 committed during the period beginning on

24 April 25, 1996, and ending on September

25 30, 1996; or
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1 ‘‘(ii) this Act or the Antiterrorism and

2 Effective Death Penalty Act of 1996, in

3 the case of an offense committed on or be4 fore April 24, 1996.

5 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

6 apply to an offense of rape or sexual abuse of a

7 minor. The amendment made by section 321(a)(1)

8 of this Act shall not be affected by such paragraph.

9 ‘‘(3) COURSE OF CONDUCT.—In the case in

10 which a course of conduct is an element of a crimi11 nal offense, for purposes of paragraph (1), the date

12 on which the last act or omission of that course of

13 conduct occurs shall be considered to be the date on

14 which the offense is committed.’’.

15 (2) EFFECTIVE DATE.—The amendment made

16 by paragraph (1) shall take effect as if included in

17 the enactment of section 304 of the Illegal Immigra18 tion Reform and Immigrant Responsibility Act of

19 1996 (Public Law 104–208; 110 Stat. 3009–587).

20 SEC. 2. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.

21 (a) IN GENERAL.—Notwithstanding section

22 240(c)(6) of the Immigration and Nationality Act (8

23 U.S.C. 1229a(c)(6)) or any other limitation imposed by

24 law on motions to reopen removal proceedings, the Attor25 ney General shall establish a process (whether through
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1 permitting the reopening of a removal proceeding or other2 wise) under which an alien—

3 (1) who is (or was) in removal proceedings be4 fore the date of the enactment of this Act (whether

5 or not the alien has been removed as of such date);

6 and

7 (2) whose eligibility for cancellation of removal

8 has been established by section 1 of this Act,

9 may apply (or reapply) for cancellation of removal under

10 section 240A(a) of the Immigration and Nationality Act

11 (8 U.S.C. 1229b(a)) as a beneficiary of the relief provided

12 under section 1 of this Act.

13 (b) PAROLE.—The Attorney General should exercise

14 the parole authority under section 212(d)(5)(A) of the Im15 migration and Nationality Act (8 U.S.C. 1182(d)(5)(A))

16 for the purpose of permitting aliens removed from the

17 United States to participate in the process established

18 under subsection (a).

Passed the House of Representatives September 19,

2000.

Attest:

Clerk.