any benefits under this Act, effective as of the date
of a final determination on such application.
‘‘(2) TREATMENT OF MATERIAL MISREPRESEN-
TATIONS.—For purposes of this subsection, an appli-
cation considered to be ‘frivolous’ includes, but is
not limited to, an application which contains a will-
ful misrepresentation or concealment of a material
fact.’’.
(b) CLERICAL AMENDMENT.—The item in the table
of contents relating to section 208 is amended to read as
follows:
‘‘Sec. 208. Asylum.’’.
SEC. 803. FAILURE TO APPEAR FOR PROVISIONAL ASYLUM
HEARING; JUDICIAL REVIEW.
(a) FAILURE TO APPEAR FOR PROVISIONAL ASYLUM
HEARING.—Section 242B(e)(4) (8 U.S.C. 1252b(e)(4)) is
amended—
(1) in the heading, by striking ‘‘ASYLUM’’ and
inserting ‘‘PROVISIONAL ASYLUM’’;
(2) by striking ‘‘asylum’’ each place it appears
and inserting ‘‘provisional asylum’’; and
(3) in subparagraph (A), by striking all after
clause (iii) and inserting ‘‘shall not be eligible for
any benefits under this Act.’’.
(b) JUDICIAL
REVIEW.—Section 106 (8 U.S.C.
1105a) is amended by adding at the end the following sub-
section:
‘‘(d) The procedure prescribed by, and all the provi-
sions of chapter 158 of title 28, United States Code, shall
apply to, and shall be the sole and exclusive procedure for,
the judicial review of all final orders granting or denying
provisional asylum, except that—
‘‘(1) a petition for review may be filed not later
than 90 days after the date of the issuance of the
final order granting or denying provisional asylum;
‘‘(2) the venue of any petition for review under
this subsection shall be in the judicial circuit in
which the administrative proceedings were conducted
in whole or in part, or in the judicial circuit wherein
is the residence, as defined in this Act, of the peti-
tioner, but not in more than one circuit; and
‘‘(3) notwithstanding any other provision of
law, a determination granting or denying provisional
asylum based on changed circumstances pursuant to
section 208(b)(1)(A)(ii) shall be in the sole discre-
tion of the officer conducting the administrative pro-
ceeding.’’.
SEC. 804. CONFORMING AMENDMENTS.
(a) LIMITATION ON DEPORTATION.—Section 243 (8
U.S.C. 1253) is amended by striking subsection (h).
(b) ADJUSTMENT OF STATUS.—Section 209(b) (8
U.S.C. 1159(b)) is amended—
(1) in paragraph (2) by striking ‘‘one year’’ and
inserting ‘‘2 years’’; and
(2) by amending paragraph (3) to read as
follows:
‘‘(3) continues to be eligible for provisional asy-
lum under section 208,’’.
(c) ALIENS
INELIGIBLE
FOR
TEMPORARY
PRO-
TECTED STATUS.—Section 244A(c)(2)(B)(ii) (8 U.S.C.
1254a(c)(2)(B)(ii)) is amended by striking ‘‘section
243(h)(2)’’ and inserting ‘‘section 208(a)(2)(C)’’.
(d) ELIGIBILITY
FOR
NATURALIZATION.—Section
316(f)(1) (8 U.S.C. 1427(f)(1)) is amended by striking
‘‘subparagraphs (A) through (D) of paragraph 243(h)(2)’’
and inserting ‘‘section 208(a)(2)(C).’’.
(e) FAMILY UNITY.—Section 301(e) of the Immigra-
tion Act of 1990 (Public Law 101–649) is amended by
striking ‘‘section 243(h)(2)’’ and inserting ‘‘section
208(a)(2)(C).’’.
SEC. 805. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise provided, the
amendments made by this title shall take effect on the
date of the enactment of this Act.
(b) EXCEPTIONS.—
(1) The amendments made by this title shall
not apply to applications for asylum or withholding
of deportation made before the first day of the first
month that begins more than 180 days after the
date of the enactment of this Act and no application
for provisional asylum under section 208 of the Im-
migration and Nationality Act (as amended by sec-
tion 801 of this title) shall be considered before such
first day.
(2) In applying section 208(b)(1)(A) of the Im-
migration and Nationality Act (as amended by this
title) in the case of an alien who has entered or
came to the United States before the first day de-
scribed in paragraph (1), notwithstanding the dead-
lines specified in such section—
(A) the deadline for the filing of a notice
of intention to file an application for provisional
asylum is 30 days after such first day, and
(B) the deadline for the filing of the appli-
cation for provisional asylum is 30 days after
the date of filing such notice.
(3) The amendments made by section 803(b)
(relating to adjustment of status) shall not apply to
aliens granted asylum under section 208 of the Im-
migration and Nationality Act, as in effect before
the date of the enactment of this Act.
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