I 

109TH CONGRESS 

1ST SESSION H. R. 2055

To amend the Immigration and Nationality Act to permit certain long-term 

permanent resident aliens to seek cancellation of removal under such 

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2005

Mr. FRANK of Massachusetts introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act to permit 

certain long-term permanent resident aliens to seek cancellation of removal under such Act, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Family Reunification 

5 Act of 2005’’. 
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1 SEC. 2. CANCELLATION OF REMOVAL FOR LONG-TERM 

2 PERMANENT RESIDENT ALIENS. 

3 Section 240A(a) of the Immigration and Nationality 

4 Act (8 U.S.C. 1229b(a)) is amended to read as follows: 

5 ‘‘(a) CANCELLATION OF REMOVAL FOR CERTAIN

6 PERMANENT RESIDENTS.—

7 ‘‘(1) PERMANENT RESIDENTS NOT CONVICTED

8 OF ANY AGGRAVATED FELONY.—The Secretary of 

9 Homeland Security may cancel removal in the case 

10 of an alien who is inadmissible to, or deportable 

11 from, the United States, if the alien—

12 ‘‘(A) has been an alien lawfully admitted 

13 for permanent residence for not less than 5 

14 years; 

15 ‘‘(B) resided in the United States continu16 ously for 7 years after having been admitted in 

17 any status; and 

18 ‘‘(C) has not been convicted of any aggra19 vated felony. 

20 ‘‘(2) PERMANENT RESIDENTS CONVICTED OF A

21 NONVIOLENT AGGRAVATED FELONY.—The Secretary 

22 of Homeland Security may cancel removal in the 

23 case of an alien who is inadmissible to, or deportable 

24 from, the United States, if the alien—
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1 ‘‘(A) has been an alien lawfully admitted 

2 for permanent residence for not less than 5 

3 years; 

4 ‘‘(B) satisfies the residence requirements 

5 of paragraph (6); 

6 ‘‘(C) has never been convicted of—

7 ‘‘(i) an act of murder, rape, or sexual 

8 abuse of a minor; 

9 ‘‘(ii) any crime of violence (as defined 

10 in section 16 of title 18, United States 

11 Code); or 

12 ‘‘(iii) an attempt or conspiracy to 

13 commit an offense described in clause (i) 

14 or (ii); 

15 ‘‘(D) has been convicted of—

16 ‘‘(i) a single aggravated felony for 

17 which the alien was sentenced to serve a 

18 term of imprisonment of 4 years or less; 

19 ‘‘(ii) multiple aggravated felonies aris20 ing out of a single scheme of criminal mis21 conduct for which the alien was sentenced 

22 to serve, in the aggregate, a term of im23 prisonment of 4 years or less; or 

24 ‘‘(iii) 2 aggravated felonies arising out 

25 of separate schemes of criminal misconduct 
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1 for which the alien was sentenced to serve, 

2 in the aggregate, a term of imprisonment 

3 of 4 years or less, but for neither of which 

4 the alien was actually incarcerated; 

5 ‘‘(E) was not, in the commission of the ag6 gravated felony or felonies described in sub7 paragraph (D)—

8 ‘‘(i) an organizer, leader, manager, or 

9 supervisor of others; or 

10 ‘‘(ii) engaged in a continuing criminal 

11 enterprise (as defined in section 408(c) of 

12 the Controlled Substances Act (21 U.S.C. 

13 848(c))); 

14 ‘‘(F) has never been incarcerated for any 

15 offense except—

16 ‘‘(i) the offense described in clause (i) 

17 of subparagraph (D), or another offense 

18 that was committed in the course of the 

19 same scheme of criminal misconduct; or 

20 ‘‘(ii) an offense that was committed in 

21 the course of the scheme or schemes de22 scribed in clause (ii) or (iii) of such sub23 paragraph; and 

24 ‘‘(G) has not been the subject of a timely 

25 certification described in paragraph (7) with re-
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1 spect to the aggravated felony or felonies de2 scribed in subparagraph (D), unless such cer3 tification has been revoked pursuant to such 

4 paragraph. 

5 ‘‘(3) PERMANENT RESIDENTS CONVICTED OF

6 AN AGGRAVATED FELONY CLASSIFIED AS A CRIME

7 OF VIOLENCE.—The Secretary of Homeland Secu8 rity may cancel removal in the case of an alien who 

9 is inadmissible to, or deportable from, the United 

10 States, if the alien—

11 ‘‘(A) has been an alien lawfully admitted 

12 for permanent residence for not less than 5 

13 years; 

14 ‘‘(B) satisfies the residence requirements 

15 of paragraph (6); 

16 ‘‘(C) has never been convicted of—

17 ‘‘(i) an act of murder, rape, or sexual 

18 abuse of a minor; or 

19 ‘‘(ii) an attempt or conspiracy to com20 mit an offense described in clause (i); 

21 ‘‘(D) has never been convicted of any ag22 gravated felony that resulted in death or serious 

23 bodily injury to any person other than the alien; 

24 ‘‘(E) has been convicted of—
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1 ‘‘(i) a single aggravated felony for 

2 which the alien was sentenced to serve a 

3 term of imprisonment of 2 years or less; 

4 ‘‘(ii) multiple aggravated felonies aris5 ing out of a single scheme of criminal mis6 conduct for which the alien was sentenced 

7 to serve, in the aggregate, a term of im8 prisonment of 2 years or less; or 

9 ‘‘(iii) 2 aggravated felonies arising out 

10 of separate schemes of criminal misconduct 

11 for which the alien was sentenced to serve, 

12 in the aggregate, a term of imprisonment 

13 of 2 years or less, but for neither of which 

14 the alien was actually incarcerated; 

15 ‘‘(F) was not, in the commission of the ag16 gravated felony or felonies described in sub17 paragraph (E)—

18 ‘‘(i) an organizer, leader, manager, or 

19 supervisor of others; or 

20 ‘‘(ii) engaged in a continuing criminal 

21 enterprise (as defined in section 408(c) of 

22 the Controlled Substances Act (21 U.S.C. 

23 848(c))); 

24 ‘‘(G) has never been incarcerated for any 

25 offense except—
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1 ‘‘(i) the offense described in clause (i) 

2 of subparagraph (E), or another offense 

3 that was committed in the course of the 

4 same scheme of criminal misconduct; or 

5 ‘‘(ii) an offense that was committed in 

6 the course of the scheme or schemes de7 scribed in clause (ii) or (iii) of such sub8 paragraph; and 

9 ‘‘(H) has not been the subject of a timely 

10 certification described in paragraph (7) with re11 spect to the aggravated felony or felonies de12 scribed in subparagraph (E), unless such cer13 tification has been revoked pursuant to such 

14 paragraph. 

15 ‘‘(4) PERMANENT RESIDENTS ADMITTED BE16 FORE AGE 10.—The Secretary of Homeland Security 

17 may cancel removal in the case of an alien who is 

18 inadmissible to, or deportable from, the United 

19 States, if the alien—

20 ‘‘(A) has been an alien lawfully admitted 

21 for permanent residence for not less than 5 

22 years; 

23 ‘‘(B) resided in the United States continu24 ously for 7 years after having been admitted in 
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1 any status when the alien was under 10 years 

2 of age; 

3 ‘‘(C) has never been convicted of—

4 ‘‘(i) an act of murder, rape, or sexual 

5 abuse of a minor; or 

6 ‘‘(ii) an attempt or conspiracy to com7 mit an offense described in clause (i); and 

8 ‘‘(D) has never been incarcerated for a 

9 third (or succeeding) aggravated felony, except 

10 that multiple felonies arising out of a single 

11 scheme of criminal misconduct shall be consid12 ered a single felony for purposes of this sub13 paragraph. 

14 ‘‘(5) PERMANENT RESIDENTS ADMITTED BE15 FORE AGE 16.—The Secretary of Homeland Security 

16 may cancel removal in the case of an alien who is 

17 inadmissible to, or deportable from, the United 

18 States, if the alien—

19 ‘‘(A) has been an alien lawfully admitted 

20 for permanent residence for not less than 5 

21 years; 

22 ‘‘(B) resided in the United States continu23 ously for 7 years—

24 ‘‘(i) before the alien committed any 

25 aggravated felony; and 
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1 ‘‘(ii) after having been admitted in 

2 any status when the alien was under 16 

3 years of age; 

4 ‘‘(C) has never been convicted of—

5 ‘‘(i) an act of murder, rape, or sexual 

6 abuse of a minor; or 

7 ‘‘(ii) an attempt or conspiracy to com8 mit an offense described in clause (i); and 

9 ‘‘(D) has never been incarcerated for a 

10 third (or succeeding) aggravated felony, except 

11 that multiple felonies arising out of a single 

12 scheme of criminal misconduct shall be consid13 ered a single felony for purposes of this sub14 paragraph. 

15 ‘‘(6) RESIDENCE REQUIREMENTS FOR CERTAIN

16 ALIENS.—In the case of an alien seeking relief under 

17 paragraph (2) or (3), the residence requirements de18 scribed in this paragraph are as follows: 

19 ‘‘(A) If the alien has been convicted of any 

20 aggravated felony committed after the date of 

21 the enactment of the Family Reunification Act 

22 of 2005, the alien is required to have resided in 

23 the United States—

24 ‘‘(i) continuously for 7 years after 

25 having been admitted in any status and 
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1 prior to the commission of such aggravated 

2 felony; or 

3 ‘‘(ii) continuously for 10 years after 

4 having been admitted in any status, except 

5 that, if the alien is incarcerated with re6 spect to such aggravated felony, the period 

7 beginning on the date on which such ag8 gravated felony was committed and ending 

9 on the last day of such term of incarcer10 ation shall be excluded in determining con11 tinuous residence under this clause. 

12 ‘‘(B) If the alien has not been convicted of 

13 an aggravated felony committed after the date 

14 of the enactment of the Family Reunification 

15 Act of 2005, but has otherwise been incarcer16 ated for any aggravated felony, the alien is re17 quired to have resided in the United States—

18 ‘‘(i) continuously for 7 years after 

19 having been admitted in any status and 

20 prior to the commencement of such term of 

21 incarceration; or 

22 ‘‘(ii) continuously for 10 years after 

23 having been admitted in any status, except 

24 that any term of incarceration for any ag25 gravated felony shall be excluded in deter-
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1 mining continuous residence under this 

2 clause. 

3 ‘‘(C) If the alien is not described in sub4 paragraph (A) or (B), the alien is required to 

5 have resided in the United States continuously 

6 for 7 years after having been admitted in any 

7 status. 

8 ‘‘(7) CERTIFICATIONS.—

9 ‘‘(A) IN GENERAL.—In the case of an alien 

10 seeking relief under paragraph (2) or (3), not 

11 later than 2 weeks after the alien files an appli12 cation for such relief, the Secretary of Home13 land Security may notify each agency that pros14 ecuted an aggravated felony referred to in para15 graph (2)(D) or (3)(E), as the case may be. 

16 ‘‘(B) CONTENTS.—The notification shall 

17 inform the agency that it has an opportunity—

18 ‘‘(i) to certify to the Secretary of 

19 Homeland Security, not later than 60 days 

20 after the date on which the notification is 

21 mailed, that the alien has not truthfully 

22 provided to the agency all information and 

23 evidence the alien has concerning such fel24 ony or felonies, and any other offense or 

25 offenses that were part of the same scheme 
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1 of criminal misconduct as such felony or 

2 felonies; and 

3 ‘‘(ii) on those grounds, to object to 

4 cancellation of removal. 

5 ‘‘(C) PROVISION TO ALIEN.—The Sec6 retary of Homeland Security shall mail any cer7 tification timely made pursuant to subpara8 graph (B) with respect to an alien to such 

9 alien. The alien shall have an opportunity, dur10 ing the 21-day period beginning on the date on 

11 which the certification is mailed, to truthfully 

12 provide to the agency all information and evi13 dence which the agency certifies has not been 

14 provided. 

15 ‘‘(D) REVOCATION OF CERTIFICATION.—

16 ‘‘(i) IN GENERAL.—The agency may, 

17 during the 21-day period beginning after 

18 the end of the period described in subpara19 graph (C), revoke any certification made 

20 pursuant to subparagraph (B). Any rev21 ocation of a certification shall void such 

22 certification. 

23 ‘‘(ii) UNTIMELY REVOCATIONS.—A 

24 revocation under this subparagraph that is 

25 not timely made may be considered by the 
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1 Secretary of Homeland Security in the 

2 Secretary of Homeland Security’s discre3 tion if it is made prior to the issuance of 

4 a final order of removal, but the absence of 

5 a timely revocation shall not be the basis 

6 for any continuance or delay of pro7 ceedings. Any determination to deny relief 

8 based in whole or in part on a revocation 

9 that is not made, or not timely made, shall 

10 not be subject to administrative or judicial 

11 review in any forum. 

12 ‘‘(E) FORMS REQUIREMENT.—The Sec13 retary of Homeland Security shall ensure that 

14 the consequences under this paragraph of fail15 ing to provide information or evidence with re16 spect to aggravated felonies are clearly ex17 plained in any form promulgated by the Sec18 retary of Homeland Security that may be used 

19 to apply for relief under paragraph (2) or (3). 

20 ‘‘(F) CONSTRUCTION.—This paragraph, 

21 and paragraphs (2) and (3), shall not be con22 strued to require the Secretary of Homeland 

23 Security to notify any agency under subpara24 graph (A). If the Secretary of Homeland Secu25 rity fails to send, or fails timely to send, the no-
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1 tification described in such subparagraph, the 

2 alien shall be deemed not to be the subject of 

3 a certification. 

4 ‘‘(8) CLARIFICATION WITH RESPECT TO CER5 TAIN REFERENCES.—Any reference in this sub6 section to a term of imprisonment or a sentence with 

7 respect to an offense is deemed to include the period 

8 of incarceration or confinement ordered by a court 

9 of law, regardless of any suspension of the imposi10 tion or execution of that imprisonment or sentence 

11 in whole or in part. However, a period of probation 

12 is not a term of imprisonment or a sentence for pur13 poses of this subsection. 

14 ‘‘(9) LIMITATION ON DELEGATION.—Cancella15 tion of removal under paragraph (2), (3), (4), or (5) 

16 may be granted only by the Secretary of Homeland 

17 Security or Deputy Secretary of Homeland Security. 

18 No delegation of such authority to any other official 

19 may be made.’’. 

20 SEC. 3. CHANGE IN CONDITIONS FOR TERMINATION OF PE21 RIOD OF CONTINUOUS RESIDENCE OR CON22 TINUOUS PHYSICAL PRESENCE. 

23 Section 240A(d)(1) of the Immigration and Nation24 ality Act (8 U.S.C. 1229b(d)(1)) is amended to read as 

25 follows: 
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1 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—

2 For purposes of this section, any period of contin3 uous residence or continuous physical presence in 

4 the United States shall be deemed to end, except in 

5 the case of an alien who applies for cancellation of 

6 removal under subsection (b)(2), when the alien is 

7 served a notice to appear under section 239(a).’’. 

8 SEC. 4. PERMITTING CERTAIN PERMANENT RESIDENT 

9 ALIENS TO RETURN WITHOUT SEEKING AD10 MISSION. 

11 Section 101(a)(13)(C) of the Immigration and Na12 tionality Act (8 U.S.C. 1101(a)(13)(C)) is amended—

13 (1) by striking the comma at the end of each 

14 of clauses (i), (ii), (iii), and (iv) and inserting a 

15 semicolon at the end of each such clause; 

16 (2) by amending clause (v) to read as follows: 

17 ‘‘(v) has committed outside the United States 

18 an offense identified in section 212(a)(2), unless, 

19 since such offense, the alien has been granted relief 

20 under section 212(h) or 240A(a), or under section 

21 212(c) (before its repeal by section 304(b) of the Il22 legal Immigration Reform and Immigrant Responsi23 bility Act of 1996 (110 Stat. 3009–597));’’; 

24 (3) by redesignating clause (vi) as clause (vii); 

25 and 
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1 (4) by inserting after clause (v) the following: 

2 ‘‘(vi) has committed in the United States an of3 fense identified in section 212(a)(2), and has been 

4 absent from the United States for a continuous pe5 riod in excess of 30 days since committing such of6 fense (or, if the absence after the 30th day was be7 yond the alien’s control, for a continuous period in 

8 excess of 60 days), unless, since such offense, the 

9 alien has been granted relief under section 212(h) or 

10 240A(a), or under section 212(c) (before its repeal 

11 by section 304(b) of the Illegal Immigration Reform 

12 and Immigrant Responsibility Act of 1996 (110 

13 Stat. 3009–597)); or’’. 

14 SEC. 5. RELEASE OF NONDANGEROUS ALIENS. 

15 (a) IN GENERAL.—Section 236(c)(2) of the Immigra16 tion and Nationality Act (8 U.S.C. 1226(c)(2)) is amend17 ed to read as follows: 

18 ‘‘(2) RELEASE.—

19 ‘‘(A) IN GENERAL.—The Secretary of 

20 Homeland Security may release an alien de21 scribed in paragraph (1) only in accordance 

22 with subparagraph (B) or (C). A decision relat23 ing to release under this paragraph shall take 

24 place in accordance with a procedure that con-
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1 siders the severity of any offense committed by 

2 the alien. 

3 ‘‘(B) PROTECTION FOR WITNESSES, PO4 TENTIAL WITNESSES, AND PERSONS COOPER5 ATING WITH CRIMINAL INVESTIGATIONS.—The 

6 Secretary of Homeland Security may release an 

7 alien described in paragraph (1) if—

8 ‘‘(i) the Secretary of Homeland Secu9 rity decides pursuant to section 3521 of 

10 title 18, United States Code, that release 

11 of the alien from custody is necessary to 

12 provide protection to a witness, a potential 

13 witness, a person cooperating with an in14 vestigation into major criminal activity, or 

15 an immediate family member or close asso16 ciate of a witness, potential witness, or 

17 person cooperating with such an investiga18 tion; and 

19 ‘‘(ii) the alien satisfies the Secretary 

20 of Homeland Security that the alien will 

21 not pose a danger to the national security 

22 of the United States or the safety of per23 sons or property and is likely to appear for 

24 any scheduled proceeding. 
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1 ‘‘(C) PERMANENT RESIDENT ALIENS ELI2 GIBLE FOR CANCELLATION OF REMOVAL.—The 

3 Secretary of Homeland Security may release an 

4 alien described in paragraph (1) if the alien 

5 demonstrates, by a preponderance of the evi6 dence, that the alien—

7 ‘‘(i) has prima facie evidence suffi8 cient to establish that the alien is eligible 

9 for cancellation of removal under section 

10 240A(a); and 

11 ‘‘(ii) will not pose a danger to the na12 tional security of the United States or the 

13 safety of persons or property and is likely 

14 to appear for any scheduled proceeding.’’. 

15 (b) APPLICATION TO ALIENS DETAINED ON EFFEC16 TIVE DATE.—In the case of an alien detained under sec17 tion 241(a)(2) of the Immigration and Nationality Act (8 

18 U.S.C. 1231(a)(2)) on the date of the enactment of this 

19 Act, if the alien has prima facie evidence sufficient to es20 tablish that the alien is eligible for cancellation of removal 

21 under section 240A(a) of such Act (8 U.S.C. 1229b(a)), 

22 as amended by section 2 of this Act (and subject to the 

23 other amendments made by this Act), the alien may seek 

24 release from detention under section 236(c)(2)(C) of such 

25 Act (8 U.S.C. 1226(c)(2)(C)), as added by this section. 
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1 SEC. 6. CLARIFICATION OF EFFECT OF VACATION OF CON2 VICTION. 

3 Section 101(a)(48) of the Immigration and Nation4 ality Act (8 U.S.C. 1101(a)(48)) is amended by adding 

5 at the end the following: 

6 ‘‘(C) Any conviction entered by a court that otherwise 

7 would be considered a conviction under this paragraph 

8 shall continue to be so considered notwithstanding a vaca9 tion of that conviction, unless the conviction is vacated—

10 ‘‘(i) on the merits; or 

11 ‘‘(ii) on grounds relating to a violation of a 

12 statutory or constitutional right in the underlying 

13 criminal proceeding.’’. 

14 SEC. 7. EFFECTIVE DATE; SPECIAL APPLICABILITY RULE. 

15 (a) IN GENERAL.—The amendments made by this 

16 Act shall take effect on the date of the enactment of this 

17 Act and shall apply to aliens who—

18 (1) are in removal proceedings under the Immi19 gration and Nationality Act (8 U.S.C. 1101 et seq.) 

20 on or after such date; 

21 (2) were in such proceedings before such date, 

22 were ineligible for cancellation of removal under sec23 tion 240A(a) of such Act (8 U.S.C. 1229b(a)) before 

24 such date, but would have been eligible for cancella25 tion of removal under such section if the amend-
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1 ments made by this Act had been in effect during 

2 the entire pendency of such proceedings; or 

3 (3) were in exclusion or deportation proceedings 

4 under such Act before such date, and were ineligible 

5 for relief under section 212(c) of such Act (as in ef6 fect on March 31, 1997, before its repeal by section 

7 304(b) of the Illegal Immigration Reform and Immi8 grant Responsibility Act of 1996 (110 Stat. 3009–

9 597)) by reason of the amendments made by section 

10 440(d) of the Antiterrorism and Effective Death 

11 Penalty Act of 1996 (Public Law 104–132; 110 

12 Stat. 1277). 

13 (b) SPECIAL APPLICABILITY RULE.—

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, aliens described in subsection (a)(3) 

16 shall be considered to be, or to have been, in removal 

17 proceedings under the Immigration and Nationality 

18 Act (8 U.S.C. 1101 et seq.) to the extent necessary 

19 to permit them to apply, and be considered eligible, 

20 for cancellation of removal under section 240A(a) of 

21 such Act (8 U.S.C. 1229b(a)), as amended by this 

22 Act. 

23 (2) RELIEF.—If the Secretary of Homeland Se24 curity determines that an alien described in sub25 section (a)(3) should be provided relief pursuant to 
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1 this Act, the Secretary of Homeland Security shall 

2 take such steps as may be necessary to terminate 

3 any proceedings to exclude or deport the alien that 

4 may be pending, and shall grant or restore to the 

5 alien the status of an alien lawfully admitted to the 

6 United States for permanent residence. 

7 SEC. 8. MOTIONS TO REOPEN. 

8 (a) IN GENERAL.—Not later than 1 year after the 

9 effective date of the final regulations issued under section 

10 9(b) of this Act, and in accordance with such regulations, 

11 an alien described in subsection (b) may file a motion to 

12 reopen removal, deportation, or exclusion proceedings in 

13 order to apply for cancellation of removal under section 

14 240A(a) of the Immigration and Nationality Act (8 U.S.C. 

15 1229b(a)) pursuant to the amendments made by this Act. 

16 (b) ALIENS DESCRIBED.—An alien is described in 

17 this subsection if the alien—

18 (1) is described in subsection (a) of section 7; 

19 and 

20 (2) is otherwise unable to apply, or reapply, for 

21 cancellation of removal under section 240A(a) of the 

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

23 1229b(a)) by reason of the procedural posture of the 

24 exclusion, deportation, or removal proceedings that 
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1 are, or were, pending against the alien (including the 

2 fact that such proceedings are finally concluded). 

3 (c) EVIDENCE.—A motion filed under subsection (a) 

4 shall describe or set forth prima facie evidence sufficient 

5 to establish that the alien is eligible for cancellation of re6 moval under section 240A(a) of the Immigration and Na7 tionality Act (8 U.S.C. 1229b(a)), as amended by this Act. 

8 (d) NO REENTRY OR READMISSION TO FILE OR

9 PROSECUTE MOTION.—No alien may be admitted or oth10 erwise authorized to enter the United States solely to file 

11 or prosecute a motion to reopen under this section or oth12 erwise to apply for relief under this Act or the amend13 ments made by this Act, except as the Secretary of Home14 land Security may provide pursuant to the sole and 

15 unreviewable discretion of the Secretary of Homeland Se16 curity. Hearings held pursuant to this Act and the amend17 ments made by this Act may be held in the United States 

18 or abroad, with the alien appearing in person or by video 

19 phone or similar device. 

20 (e) DISCRETION.—The grant or denial of any motion 

21 to reopen filed under this section shall be in the sole and 

22 unreviewable discretion of the Secretary of Homeland Se23 curity. 

24 (f) NO JUDICIAL REVIEW.—No court shall have ju25 risdiction to review any decision of the Secretary of Home-
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1 land Security denying a motion to reopen under this sec2 tion. 

3 SEC. 9. RULES. 

4 (a) ISSUANCE OF ADVANCE NOTICE OF PROPOSED

5 RULEMAKING.—The Secretary of Homeland Security shall 

6 issue an advance notice of proposed rulemaking pertaining 

7 to this Act, and the amendments made by this Act, not 

8 later than 60 days after the date of the enactment of this 

9 Act. 

10 (b) ISSUANCE OF FINAL REGULATIONS.—The Sec11 retary of Homeland Security shall issue the final regula12 tions to carry out this Act not later than 90 days after 

13 the date of the enactment of this Act, specifying an effec14 tive date that is not more than 15 days after the date 

15 of publication of such final regulations. 

16 SEC. 10. SUNSET. 

17 This Act, and the amendments made by this Act, 

18 shall cease to have effect on December 31, 2008, or 3 

19 years after the date on which final regulations to carry 

20 out this Act are issued, whichever occurs later. 

21 SEC. 11. ANNUAL REPORT. 

22 The Secretary of Homeland Security annually shall 

23 submit to the Committee on the Judiciary of the United 

24 States House of Representatives and the Committee on 

25 the Judiciary of the Senate a report with respect to this 
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1 Act and the amendments made by this Act. The report 

2 shall contain information on—

3 (1) the number of aliens who applied for can4 cellation of removal, release from detention, or any 

5 other immigration benefit, based on this Act or the 

6 amendments made by this Act; 

7 (2) the crimes committed by the aliens de8 scribed in paragraph (1); 

9 (3) the number of applications described in 

10 paragraph (1) that were granted; and 

11 (4) any other subject the Secretary of Home12 land Security considers relevant.

Æ