I 

108TH CONGRESS 

1ST SESSION H. R. 836

To amend the Immigration and Nationality Act to restore the avenues for 

relief from removal that existed for aliens lawfully admitted for permanent residence prior to the enactment of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 1996. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2003

Mr. PASTOR introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act to restore 

the avenues for relief from removal that existed for aliens 

lawfully admitted for permanent residence prior to the 

enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

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

3 SECTION 1. RESTORATION OF SECTION 212(C). 

4 (a) IN GENERAL.—Section 212 of the Immigration 

5 and Nationality Act (8 U.S.C. 1182) is amended by insert6 ing after subsection (b) the following new subsection:
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1 ‘‘(c) Aliens lawfully admitted for permanent residence 

2 who temporarily proceeded abroad voluntarily and not 

3 under an order of deportation or removal, and who are 

4 returning to a lawful unrelinquished domicile of seven con5 secutive years, may be admitted in the discretion of the 

6 Secretary of Homeland Security without regard to the pro7 visions of subsection (a) (other than paragraphs (3) and 

8 (10)(C)). Nothing contained in this subsection shall limit 

9 the authority of the Secretary to exercise the discretion 

10 vested in him under section 211(b). The first sentence of 

11 this subsection shall not apply to an alien who has been 

12 convicted of one or more aggravated felonies and has 

13 served for such felony or felonies a term of imprisonment 

14 of at least 5 years.’’. 

15 (b) CANCELLATION OF REMOVAL.—Section 240A(a) 

16 of the Immigration and Nationality Act (8 U.S.C. 

17 1229b(a)) is amended to read as follows: 

18 ‘‘(a) CANCELLATION OF REMOVAL FOR CERTAIN

19 PERMANENT RESIDENTS.—The Secretary of Homeland 

20 Security may cancel removal in the case of an alien who 

21 is inadmissible or deportable from the United States if—

22 ‘‘(1) the alien—

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

24 for permanent residence for not less than 5 

25 years; 
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1 ‘‘(B) has resided in the United States con2 tinuously for 7 years after having been admit3 ted in any status; and 

4 ‘‘(C) has not been convicted of any aggra5 vated felony; or 

6 ‘‘(2) the alien would be admissible to the 

7 United States under section 212(c) if the alien had 

8 temporarily proceeded abroad voluntarily.’’. 

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

10 (a) IN GENERAL.—Notwithstanding section 

11 240(c)(6) of the Immigration and Nationality Act (8 

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

13 law on motions to reopen removal proceedings, the Sec14 retary of Homeland Security shall establish a process 

15 (whether through permitting the reopening of a removal 

16 proceeding or otherwise) under which an alien—

17 (1) who is (or was) in removal proceedings be18 fore the date of the enactment of this Act (whether 

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

20 and 

21 (2) whose eligibility for cancellation of removal 

22 has been established by this Act; 

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

24 section 240A(a) of the Immigration and Nationality Act 
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1 (8 U.S.C. 1229b(a)) as a beneficiary of the relief provided 

2 under this Act. 

3 (b) PAROLE.—The Secretary of Homeland Security 

4 should exercise the parole authority under section 

5 212(d)(5)(A) of the Immigration and Nationality Act (8 

6 U.S.C. 1182(d)(5)(A)) for the purpose of permitting 

7 aliens removed from the United States to participate in 

8 the process established under subsection (a).

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