I

106TH CONGRESS

2D SESSION H. R. 5062

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.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 2000

Mr. MCCOLLUM (for himself, Mr. FRANK of Massachusetts, Mr. FROST, Mr.

DIAZ-BALART, Ms. ROS-LEHTINEN, Mr. FILNER, Mr. BILBRAY, Mr.

ROGAN, and Mr. OSE) introduced the following bill; which was referred

to the Committee on the Judiciary

A BILL

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,

3 SECTION 1. LIMITING DISQUALIFICATION FROM CAN4 CELLATION OF REMOVAL FOR CERTAIN PER5 MANENT RESIDENT ALIENS.

6 (a) TERMINATION OF PERIOD OF CONTINUOUS RESI7 DENCE.—
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1 (1) IN GENERAL.—Section 240A(d)(1) of the

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

3 1229b(d)(1)) is amended by adding at the end the

4 following:

5 ‘‘Notwithstanding the preceding sentence, in deter6 mining under such sentence whether a period of con7 tinuous residence described in subsection (a)(2) has

8 ended, any offense committed on or before Sep9 tember 30, 1996, shall be disregarded.’’.

10 (2) EFFECTIVE DATE.—The amendment made

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

12 the enactment of section 304 of the Illegal Immigra13 tion Reform and Immigrant Responsibility Act of

14 1996 (Public Law 104–208; 110 Stat. 3009–587).

15 (b) TREATMENT OF PARTICULAR CRIMES AS AGGRA16 VATED FELONIES.—

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

18 Immigration Reform and Immigrant Responsibility

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

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

21 amended by adding at the end the following:

22 ‘‘(d) TRANSITION RULE FOR CANCELLATION OF RE23 MOVAL FOR CERTAIN PERMANENT RESIDENTS.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), notwithstanding section 321 or 322 of
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1 this Act, section 440 of the Antiterrorism and Effec2 tive Death Penalty Act of 1996 (8 U.S.C. 1101

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

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

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

6 1229b(a)(3)) to a criminal offense committed on or

7 before September 30, 1996, the term ‘aggravated

8 felony’ shall not be construed to include the offense

9 if the offense—

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

11 meaning of that term (as defined in section

12 101(a) of the Immigration and Nationality Act

13 (8 U.S.C. 1101(a)) on the date on which the of14 fense was committed; and

15 ‘‘(B) is considered to be within the mean16 ing of that term (as so defined) by reason of

17 the enactment of—

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

19 committed during the period beginning on

20 April 25, 1996, and ending on September

21 30, 1996; or

22 ‘‘(ii) this Act or the Antiterrorism and

23 Effective Death Penalty Act of 1996, in

24 the case of an offense committed on or be25 fore April 24, 1996.
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1 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

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

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

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

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

6 which a course of conduct is an element of a crimi7 nal offense, for purposes of paragraph (1), the date

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

9 conduct occurs shall be considered to be the date on

10 which the offense is committed.’’.

11 (2) EFFECTIVE DATE.—The amendment made

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

13 the enactment of section 304 of the Illegal Immigra14 tion Reform and Immigrant Responsibility Act of

15 1996 (Public Law 104–208; 110 Stat. 3009–587).

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

17 (a) IN GENERAL.—Notwithstanding section

18 240(c)(6) of the Immigration and Nationality Act (8

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

20 law on motions to reopen removal proceedings, the Attor21 ney General shall establish a process (whether through

22 permitting the reopening of a removal proceeding or other23 wise) under which an alien—

24 (1) who is (or was) in removal proceedings be25 fore the date of the enactment of this Act (whether
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1 or not the alien has been removed as of such date);

2 and

3 (2) whose eligibility for cancellation of removal

4 has been established by section 1 of this Act;

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

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

7 (8 U.S.C. 1229b(a)) as a beneficiary of the relief provided

8 under section 1 of this Act.

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

10 the parole authority under section 212(d)(5)(A) of the Im11 migration and Nationality Act (8 U.S.C. 1182(d)(5)(A))

12 for the purpose of permitting aliens removed from the

13 United States to participate in the process established

14 under subsection (a).

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