IB 

Union Calendar No. 487

107TH CONGRESS 

2D SESSION H. R. 1452

[Report No. 107–785] 

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 

APRIL 4, 2001

Mr. FRANK (for himself, Mr. FROST, Mr. DIAZ-BALART, Mr. MCGOVERN, Mr. 

KENNEDY of Rhode Island, Ms. JACKSON-LEE of Texas, Mr. BALDACCI, 

Mr. CAPUANO, Mr. DELAHUNT, Mr. FILNER, Mr. MCDERMOTT, Mrs. 

MINK of Hawaii, Mr. RANGEL, Mr. RODRIGUEZ, Ms. SCHAKOWSKY, Mr. 

GEORGE MILLER of California, and Mr. LANGEVIN) introduced the following bill; which was referred to the Committee on the Judiciary 

NOVEMBER 14, 2002

Additional sponsors: Ms. LEE, Mr. STARK, Mr. ABERCROMBIE, Mr. 

GUTIERREZ, Mrs. MALONEY of New York, Mr. LAFALCE, Ms. LOFGREN, 

Mr. SHAYS, Mr. BONIOR, Ms. VELA ́ZQUEZ, Mrs. JONES of Ohio, Mr. 

OLVER, Mr. ANDREWS, Mr. OWENS, Mr. BERMAN, Mr. CONYERS, Mr. 

OSE, Mr. MEEHAN, Mr. BENTSEN, Ms. CARSON of Indiana, Ms. ROSLEHTINEN, Mr. LANTOS, Ms. MCKINNEY, Ms. SOLIS, Mr. NADLER, Mr. 

HONDA, Ms. WATSON, Mr. GONZALEZ, Ms. ROYBAL-ALLARD, Mr. 

DOOLEY of California, Mr. BROWN of Ohio, Ms. BALDWIN, Mr. 

SERRANO, Mr. FARR of California, Mr. TIERNEY, Mr. PALLONE, Ms. 

MILLENDER-MCDONALD, Mr. CLAY, Mr. MARKEY, and Ms. PELOSI

NOVEMBER 14, 2002

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 4, 2001] 

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 2002’’. 

6 SEC. 2. CANCELLATION OF REMOVAL FOR LONG-TERM PER7 MANENT RESIDENT ALIENS. 

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

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

10 ‘‘(a) CANCELLATION OF REMOVAL FOR CERTAIN PER11 MANENT RESIDENTS.—

12 ‘‘(1) PERMANENT RESIDENTS NOT CONVICTED OF

13 ANY AGGRAVATED FELONY.—The Attorney General 

14 may cancel removal in the case of an alien who is in15 admissible to, or deportable from, the United States, 

16 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) resided in the United States continu5 ously for 7 years after having been admitted in 

6 any status; and 

7 ‘‘(C) has not been convicted of any aggra8 vated felony. 

9 ‘‘(2) PERMANENT RESIDENTS CONVICTED OF A

10 NONVIOLENT AGGRAVATED FELONY.—The Attorney 

11 General may cancel removal in the case of an alien 

12 who is inadmissible to, or deportable from, the United 

13 States, if the alien—

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

15 for permanent residence for not less than 5 

16 years; 

17 ‘‘(B) satisfies the residence requirements of 

18 paragraph (6); 

19 ‘‘(C) has never been convicted of—

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

21 abuse of a minor; 

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

23 in section 16 of title 18, United States 

24 Code); or 
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1 ‘‘(iii) an attempt or conspiracy to 

2 commit an offense described in clause (i) or 

3 (ii); 

4 ‘‘(D) has been convicted of—

5 ‘‘(i) a single aggravated felony for 

6 which the alien was sentenced to serve a 

7 term of imprisonment of 4 years or less; 

8 ‘‘(ii) multiple aggravated felonies aris9 ing out of a single scheme of criminal mis10 conduct for which the alien was sentenced to 

11 serve, in the aggregate, a term of imprison12 ment of 4 years or less; or 

13 ‘‘(iii) 2 aggravated felonies arising out 

14 of separate schemes of criminal misconduct 

15 for which the alien was sentenced to serve, 

16 in the aggregate, a term of imprisonment of 

17 4 years or less, but for neither of which the 

18 alien was actually incarcerated; 

19 ‘‘(E) was not, in the commission of the ag20 gravated felony or felonies described in subpara21 graph (D)—

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

23 supervisor of others; or 

24 ‘‘(ii) engaged in a continuing criminal 

25 enterprise (as defined in section 408(c) of 
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1 the Controlled Substances Act (21 U.S.C. 

2 848(c))); 

3 ‘‘(F) has never been incarcerated for any of4 fense except—

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

6 of subparagraph (D), or another offense that 

7 was committed in the course of the same 

8 scheme of criminal misconduct; or

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

10 the course of the scheme or schemes de11 scribed in clause (ii) or (iii) of such sub12 paragraph; and 

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

14 certification described in paragraph (7) with re15 spect to the aggravated felony or felonies de16 scribed in subparagraph (D), unless such certifi17 cation has been revoked pursuant to such para18 graph. 

19 ‘‘(3) PERMANENT RESIDENTS CONVICTED OF AN

20 AGGRAVATED FELONY CLASSIFIED AS A CRIME OF VIO21 LENCE.—The Attorney General may cancel removal 

22 in the case of an alien who is inadmissible to, or de23 portable 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 of 

5 paragraph (6); 

6 ‘‘(C) has never been convicted of—

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

8 abuse of a minor; or 

9 ‘‘(ii) an attempt or conspiracy to com10 mit an offense described in clause (i); 

11 ‘‘(D) has never been convicted of any aggra12 vated felony that resulted in death or serious 

13 bodily injury to any person other than the alien; 

14 ‘‘(E) has been convicted of—

15 ‘‘(i) a single aggravated felony for 

16 which the alien was sentenced to serve a 

17 term of imprisonment of 2 years or less; 

18 ‘‘(ii) multiple aggravated felonies aris19 ing out of a single scheme of criminal mis20 conduct for which the alien was sentenced to 

21 serve, in the aggregate, a term of imprison22 ment of 2 years or less; or 

23 ‘‘(iii) 2 aggravated felonies arising out 

24 of separate schemes of criminal misconduct 

25 for which the alien was sentenced to serve, 
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1 in the aggregate, a term of imprisonment of 

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

3 alien was actually incarcerated; 

4 ‘‘(F) was not, in the commission of the ag5 gravated felony or felonies described in subpara6 graph (E)—

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

8 supervisor of others; or 

9 ‘‘(ii) engaged in a continuing criminal 

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

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

12 848(c))); 

13 ‘‘(G) has never been incarcerated for any of14 fense except—

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

16 of subparagraph (E), or another offense that 

17 was committed in the course of the same 

18 scheme of criminal misconduct; or 

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

20 the course of the scheme or schemes de21 scribed in clause (ii) or (iii) of such sub22 paragraph; and 

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

24 certification described in paragraph (7) with re25 spect to the aggravated felony or felonies de-
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1 scribed in subparagraph (E), unless such certifi2 cation has been revoked pursuant to such para3 graph. 

4 ‘‘(4) PERMANENT RESIDENTS ADMITTED BEFORE

5 AGE 10.—The Attorney General may cancel removal 

6 in the case of an alien who is inadmissible to, or de7 portable from, the United States, if the alien—

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

9 for permanent residence for not less than 5 

10 years; 

11 ‘‘(B) resided in the United States continu12 ously for 7 years after having been admitted in 

13 any status when the alien was under 10 years of 

14 age; 

15 ‘‘(C) has never been convicted of—

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

17 abuse of a minor; or 

18 ‘‘(ii) an attempt or conspiracy to com19 mit an offense described in clause (i); and 

20 ‘‘(D) has never been incarcerated for a third 

21 (or succeeding) aggravated felony, except that 

22 multiple felonies arising out of a single scheme 

23 of criminal misconduct shall be considered a sin24 gle felony for purposes of this subparagraph. 
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1 ‘‘(5) PERMANENT RESIDENTS ADMITTED BEFORE

2 AGE 16.—The Attorney General may cancel removal 

3 in the case of an alien who is inadmissible to, or de4 portable from, the United States, if the alien—

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

6 for permanent residence for not less than 5 

7 years; 

8 ‘‘(B) resided in the United States continu9 ously for 7 years—

10 ‘‘(i) before the alien committed any ag11 gravated felony; and 

12 ‘‘(ii) after having been admitted in 

13 any status when the alien was under 16 

14 years of age; 

15 ‘‘(C) has never been convicted of—

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

17 abuse of a minor; or 

18 ‘‘(ii) an attempt or conspiracy to com19 mit an offense described in clause (i); and 

20 ‘‘(D) has never been incarcerated for a third 

21 (or succeeding) aggravated felony, except that 

22 multiple felonies arising out of a single scheme 

23 of criminal misconduct shall be considered a sin24 gle felony for purposes of this subparagraph. 
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1 ‘‘(6) RESIDENCE REQUIREMENTS FOR CERTAIN

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

3 paragraph (2) or (3), the residence requirements de4 scribed in this paragraph are as follows: 

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

6 aggravated felony committed after the date of the 

7 enactment of the Family Reunification Act of 

8 2002, the alien is required to have resided in the 

9 United States—

10 ‘‘(i) continuously for 7 years after hav11 ing been admitted in any status and prior

12 to the commission of such aggravated felony; 

13 or 

14 ‘‘(ii) continuously for 10 years after 

15 having been admitted in any status, except 

16 that, if the alien is incarcerated with re17 spect to such aggravated felony, the period 

18 beginning on the date on which such aggra19 vated felony was committed and ending on 

20 the last day of such term of incarceration 

21 shall be excluded in determining continuous 

22 residence under this clause. 

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

24 an aggravated felony committed after the date of 

25 the enactment of the Family Reunification Act of 
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1 2002, but has otherwise been incarcerated for 

2 any aggravated felony, the alien is required to 

3 have resided in the United States—

4 ‘‘(i) continuously for 7 years after hav5 ing been admitted in any status and prior 

6 to the commencement of such term of incar7 ceration; or 

8 ‘‘(ii) continuously for 10 years after 

9 having been admitted in any status, except 

10 that any term of incarceration for any ag11 gravated felony shall be excluded in deter12 mining continuous residence under this 

13 clause. 

14 ‘‘(C) If the alien is not described in sub15 paragraph (A) or (B), the alien is required to 

16 have resided in the United States continuously 

17 for 7 years after having been admitted in any 

18 status. 

19 ‘‘(7) CERTIFICATIONS.—

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

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

22 later than 2 weeks after the alien files an appli23 cation for such relief, the Attorney General may 

24 notify each agency that prosecuted an aggravated 
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1 felony referred to in paragraph (2)(D) or (3)(E), 

2 as the case may be. 

3 ‘‘(B) CONTENTS.—The notification shall in4 form the agency that it has an opportunity—

5 ‘‘(i) to certify to the Attorney General, 

6 not later than 60 days after the date on 

7 which the notification is mailed, that the 

8 alien has not truthfully provided to the 

9 agency all information and evidence the 

10 alien has concerning such felony or felonies, 

11 and any other offense or offenses that were 

12 part of the same scheme of criminal mis13 conduct as such felony or felonies; and 

14 ‘‘(ii) on those grounds, to object to can15 cellation of removal. 

16 ‘‘(C) PROVISION TO ALIEN.—The Attorney 

17 General shall mail any certification timely made 

18 pursuant to subparagraph (B) with respect to an 

19 alien to such alien. The alien shall have an op20 portunity, during the 21-day period beginning 

21 on the date on which the certification is mailed, 

22 to truthfully provide to the agency all informa23 tion and evidence which the agency certifies has 

24 not been provided. 

25 ‘‘(D) REVOCATION OF CERTIFICATION.—
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1 ‘‘(i) IN GENERAL.—The agency may, 

2 during the 21-day period beginning after 

3 the end of the period described in subpara4 graph (C), revoke any certification made 

5 pursuant to subparagraph (B). Any revoca6 tion of a certification shall void such certifi7 cation. 

8 ‘‘(ii) UNTIMELY REVOCATIONS.—A rev9 ocation under this subparagraph that is not 

10 timely made may be considered by the At11 torney General in the Attorney General’s 

12 discretion if it is made prior to the issuance 

13 of a final order of removal, but the absence 

14 of a timely revocation shall not be the basis 

15 for any continuance or delay of proceedings. 

16 Any determination to deny relief based in 

17 whole or in part on a revocation that is not 

18 made, or not timely made, shall not be sub19 ject to administrative or judicial review in 

20 any forum. 

21 ‘‘(E) FORMS REQUIREMENT.—The Attorney 

22 General shall ensure that the consequences under 

23 this paragraph of failing to provide information 

24 or evidence with respect to aggravated felonies 

25 are clearly explained in any form promulgated 
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1 by the Attorney General that may be used to 

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

3 ‘‘(F) CONSTRUCTION.—This paragraph, and 

4 paragraphs (2) and (3), shall not be construed to 

5 require the Attorney General to notify any agen6 cy under subparagraph (A). If the Attorney Gen7 eral fails to send, or fails timely to send, the no8 tification described in such subparagraph, the 

9 alien shall be deemed not to be the subject of a 

10 certification. 

11 ‘‘(8) CLARIFICATION WITH RESPECT TO CERTAIN

12 REFERENCES.—Any reference in this subsection to a 

13 term of imprisonment or a sentence with respect to an 

14 offense is deemed to include the period of incarcer15 ation or confinement ordered by a court of law, re16 gardless of any suspension of the imposition or execu17 tion of that imprisonment or sentence in whole or in 

18 part. However, a period of probation is not a term 

19 of imprisonment or a sentence for purposes of this 

20 subsection.

21 ‘‘(9) LIMITATION ON DELEGATION.—Cancellation 

22 of removal under paragraph (2), (3), (4), or (5) may 

23 be granted only by the Attorney General or Deputy 

24 Attorney General. No delegation of such authority to 

25 any other official may be made.’’. 
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1 SEC. 3. CHANGE IN CONDITIONS FOR TERMINATION OF PE2 RIOD OF CONTINUOUS RESIDENCE OR CON3 TINUOUS PHYSICAL PRESENCE. 

4 Section 240A(d)(1) of the Immigration and Nation5 ality Act (8 U.S.C. 1229b(d)(1)) is amended to read as fol6 lows: 

7 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—

8 For purposes of this section, any period of continuous 

9 residence or continuous physical presence in the 

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

11 case of an alien who applies for cancellation of re12 moval under subsection (b)(2), when the alien is 

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

14 SEC. 4. PERMITTING CERTAIN PERMANENT RESIDENT 

15 ALIENS TO RETURN WITHOUT SEEKING AD16 MISSION. 

17 Section 101(a)(13)(C) of the Immigration and Nation18 ality Act (8 U.S.C. 1101(a)(13)(C)) is amended—

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

20 clauses (i), (ii), (iii), and (iv) and inserting a semi21 colon at the end of each such clause; 

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

23 ‘‘(v) has committed outside the United States an 

24 offense identified in section 212(a)(2), unless, since 

25 such offense, the alien has been granted relief under 

26 section 212(h) or 240A(a), or under section 212(c) 
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1 (before its repeal by section 304(b) of the Illegal Im2 migration Reform and Immigrant Responsibility Act 

3 of 1996 (110 Stat. 3009–597));’’; 

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

5 and 

6 (4) by inserting after clause (v) the following: 

7 ‘‘(vi) has committed in the United States an of8 fense identified in section 212(a)(2), and has been ab9 sent from the United States for a continuous period 

10 in excess of 30 days since committing such offense (or, 

11 if the absence after the 30th day was beyond the 

12 alien’s control, for a continuous period in excess of 60 

13 days), unless, since such offense, the alien has been 

14 granted relief under section 212(h) or 240A(a), or 

15 under section 212(c) (before its repeal by section 

16 304(b) of the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996 (110 Stat. 3009–

18 597)); or’’. 

19 SEC. 5. RELEASE OF NONDANGEROUS ALIENS. 

20 (a) IN GENERAL.—Section 236(c)(2) of the Immigra21 tion and Nationality Act (8 U.S.C. 1226(c)(2)) is amended 

22 to read as follows: 

23 ‘‘(2) RELEASE.—

24 ‘‘(A) IN GENERAL.—The Attorney General 

25 may release an alien described in paragraph (1) 
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1 only in accordance with subparagraph (B) or 

2 (C). A decision relating to release under this 

3 paragraph shall take place in accordance with a 

4 procedure that considers the severity of any of5 fense committed by the alien. 

6 ‘‘(B) PROTECTION FOR WITNESSES, POTEN7 TIAL WITNESSES, AND PERSONS COOPERATING

8 WITH CRIMINAL INVESTIGATIONS.—The Attorney 

9 General may release an alien described in para10 graph (1) if—

11 ‘‘(i) the Attorney General decides pur12 suant to section 3521 of title 18, United 

13 States Code, that release of the alien from 

14 custody is necessary to provide protection to 

15 a witness, a potential witness, a person co16 operating with an investigation into major 

17 criminal activity, or an immediate family 

18 member or close associate of a witness, po19 tential witness, or person cooperating with 

20 such an investigation; and 

21 ‘‘(ii) the alien satisfies the Attorney 

22 General that the alien will not pose a dan23 ger to the national security of the United 

24 States or the safety of persons or property 
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1 and is likely to appear for any scheduled 

2 proceeding. 

3 ‘‘(C) PERMANENT RESIDENT ALIENS ELIGI4 BLE FOR CANCELLATION OF REMOVAL.—The At5 torney General may release an alien described in 

6 paragraph (1) if the alien demonstrates, by a 

7 preponderance of the evidence, that the alien—

8 ‘‘(i) has prima facie evidence sufficient 

9 to establish that the alien is eligible for can10 cellation of removal under section 240A(a); 

11 and 

12 ‘‘(ii) will not pose a danger to the na13 tional security of the United States or the 

14 safety of persons or property and is likely 

15 to appear for any scheduled proceeding.’’. 

16 (b) APPLICATION TO ALIENS DETAINED ON EFFECTIVE

17 DATE.—In the case of an alien detained under section 

18 241(a)(2) of the Immigration and Nationality Act (8 

19 U.S.C. 1231(a)(2)) on the date of the enactment of this Act, 

20 if the alien has prima facie evidence sufficient to establish 

21 that the alien is eligible for cancellation of removal under 

22 section 240A(a) of such Act (8 U.S.C. 1229b(a)), as amend23 ed by section 2 of this Act (and subject to the other amend24 ments made by this Act), the alien may seek release from 
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1 detention under section 236(c)(2)(C) of such Act (8 U.S.C. 

2 1226(c)(2)(C)), as added by this section. 

3 SEC. 6. CLARIFICATION OF EFFECT OF VACATION OF CON4 VICTION. 

5 Section 101(a)(48) of the Immigration and Nation6 ality Act (8 U.S.C. 1101(a)(48)) is amended by adding at 

7 the end the following: 

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

9 would be considered a conviction under this paragraph 

10 shall continue to be so considered notwithstanding a vaca11 tion of that conviction, unless the conviction is vacated—

12 ‘‘(i) on the merits; or 

13 ‘‘(ii) on grounds relating to a violation of a stat14 utory or constitutional right in the underlying crimi15 nal proceeding.’’. 

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

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

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

19 and shall apply to aliens who—

20 (1) are in removal proceedings under the Immi21 gration and Nationality Act (8 U.S.C. 1101 et seq.) 

22 on or after such date; 

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

24 were ineligible for cancellation of removal under sec25 tion 240A(a) of such Act (8 U.S.C. 1229b(a)) before 
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1 such date, but would have been eligible for cancella2 tion of removal under such section if the amendments 

3 made by this Act had been in effect during the entire 

4 pendency of such proceedings; or 

5 (3) were in exclusion or deportation proceedings 

6 under such Act before such date, and were ineligible 

7 for relief under section 212(c) of such Act (as in effect 

8 on March 31, 1997, before its repeal by section 304(b) 

9 of the Illegal Immigration Reform and Immigrant

10 Responsibility Act of 1996 (110 Stat. 3009–597)) by 

11 reason of the amendments made by section 440(d) of 

12 the Antiterrorism and Effective Death Penalty Act of 

13 1996 (Public Law 104–132; 110 Stat. 1277). 

14 (b) SPECIAL APPLICABILITY RULE.—

15 (1) IN GENERAL.—Notwithstanding any other 

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

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

18 proceedings under the Immigration and Nationality 

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

20 permit them to apply, and be considered eligible, for 

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

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

23 (2) RELIEF.—If the Attorney General determines 

24 that an alien described in subsection (a)(3) should be 

25 provided relief pursuant to this Act, the Attorney 
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1 General shall take such steps as may be necessary to 

2 terminate any proceedings to exclude or deport the 

3 alien that may be pending, and shall grant or restore 

4 to the alien the status of an alien lawfully admitted 

5 to the United States for permanent residence. 

6 SEC. 8. MOTIONS TO REOPEN. 

7 (a) IN GENERAL.—Not later than 1 year after the ef8 fective date of the final regulations issued under section 9(b) 

9 of this Act, and in accordance with such regulations, an 

10 alien described in subsection (b) may file a motion to re11 open removal, deportation, or exclusion proceedings in 

12 order to apply for cancellation of removal under section 

13 240A(a) of the Immigration and Nationality Act (8 U.S.C. 

14 1229b(a)) pursuant to the amendments made by this Act. 

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

16 subsection if the alien—

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

18 and 

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

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

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

22 1229b(a)) by reason of the procedural posture of the 

23 exclusion, deportation, or removal proceedings that 

24 are, or were, pending against the alien (including the 

25 fact that such proceedings are finally concluded). 
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1 (c) EVIDENCE.—A motion filed under subsection (a) 

2 shall describe or set forth prima facie evidence sufficient 

3 to establish that the alien is eligible for cancellation of re4 moval under section 240A(a) of the Immigration and Na5 tionality Act (8 U.S.C. 1229b(a)), as amended by this Act. 

6 (d) NO REENTRY OR READMISSION TO FILE OR PROS7 ECUTE MOTION.—No alien may be admitted or otherwise 

8 authorized to enter the United States solely to file or pros9 ecute a motion to reopen under this section or otherwise 

10 to apply for relief under this Act or the amendments made 

11 by this Act, except as the Attorney General may provide 

12 pursuant to the sole and unreviewable discretion of the At13 torney General. Hearings held pursuant to this Act and the 

14 amendments made by this Act may be held in the United 

15 States or abroad, with the alien appearing in person or 

16 by video phone or similar device. 

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

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

19 unreviewable discretion of the Attorney General. 

20 (f) NO JUDICIAL REVIEW.—No court shall have juris21 diction to review any decision of the Attorney General deny22 ing a motion to reopen under this section. 

23 SEC. 9. RULES. 

24 (a) ISSUANCE OF ADVANCE NOTICE OF PROPOSED

25 RULEMAKING.—The Attorney General shall issue an ad-
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1 vance notice of proposed rulemaking pertaining to this Act, 

2 and the amendments made by this Act, not later than 60 

3 days after the date of the enactment of this Act. 

4 (b) ISSUANCE OF FINAL REGULATIONS.—The Attorney 

5 General shall issue the final regulations to carry out this 

6 Act not later than 90 days after the date of the enactment 

7 of this Act, specifying an effective date that is not more 

8 than 15 days after the date of publication of such final regu9 lations.

10 SEC. 10. SUNSET. 

11 This Act, and the amendments made by this Act, shall 

12 cease to have effect on December 31, 2005, or 3 years after 

13 the date on which final regulations to carry out this Act 

14 are issued, whichever occurs later. 

15 SEC. 11. ANNUAL REPORT. 

16 The Attorney General annually shall submit to the 

17 Committee on the Judiciary of the United States House of 

18 Representatives and the Committee on the Judiciary of the 

19 Senate a report with respect to this Act and the amend20 ments made by this Act. The report shall contain informa21 tion on—

22 (1) the number of aliens who applied for can23 cellation of removal, release from detention, or any 

24 other immigration benefit, based on this Act or the 

25 amendments made by this Act; 
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1 (2) the crimes committed by the aliens described 

2 in paragraph (1); 

3 (3) the number of applications described in 

4 paragraph (1) that were granted; and 

5 (4) any other subject the Attorney General con6 siders relevant. 

Union Calendar No. 487

107TH CONGRESS 

2D SESSION H. R. 1452

[Report No. 107–785] 

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. 

NOVEMBER 14, 2002

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed