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 fol-
lowing 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. ROS-
LEHTINEN, 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
[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 can-
cellation of removal under such Act, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Family Reunification 
Act of 2002’’. 
SEC. 2. CANCELLATION OF REMOVAL FOR LONG-TERM PER-
MANENT RESIDENT ALIENS. 
Section 240A(a) of the Immigration and Nationality 
Act (8 U.S.C. 1229b(a)) is amended to read as follows: 
‘‘(a) CANCELLATION OF REMOVAL FOR CERTAIN PER-
MANENT RESIDENTS.—
‘‘(1) PERMANENT RESIDENTS NOT CONVICTED OF 
ANY
AGGRAVATED
FELONY.—The Attorney General 
may cancel removal in the case of an alien who is in-
admissible to, or deportable from, the United States, 
if the alien—
‘‘(A) has been an alien lawfully admitted 
for permanent residence for not less than 5 
years; 
‘‘(B) resided in the United States continu-
ously for 7 years after having been admitted in 
any status; and 
‘‘(C) has not been convicted of any aggra-
vated felony. 
‘‘(2) PERMANENT RESIDENTS CONVICTED OF A 
NONVIOLENT
AGGRAVATED
FELONY.—The Attorney 
General may cancel removal in the case of an alien 
who is inadmissible to, or deportable from, the United 
States, if the alien—
‘‘(A) has been an alien lawfully admitted 
for permanent residence for not less than 5 
years; 
‘‘(B) satisfies the residence requirements of 
paragraph (6); 
‘‘(C) has never been convicted of—
‘‘(i) an act of murder, rape, or sexual 
abuse of a minor; 
‘‘(ii) any crime of violence (as defined 
in section 16 of title 18, United States 
Code); or
‘‘(iii) an attempt or conspiracy to 
commit an offense described in clause (i) or 
(ii); 
‘‘(D) has been convicted of—
‘‘(i) a single aggravated felony for 
which the alien was sentenced to serve a 
term of imprisonment of 4 years or less; 
‘‘(ii) multiple aggravated felonies aris-
ing out of a single scheme of criminal mis-
conduct for which the alien was sentenced to 
serve, in the aggregate, a term of imprison-
ment of 4 years or less; or 
‘‘(iii) 2 aggravated felonies arising out 
of separate schemes of criminal misconduct 
for which the alien was sentenced to serve, 
in the aggregate, a term of imprisonment of 
4 years or less, but for neither of which the 
alien was actually incarcerated; 
‘‘(E) was not, in the commission of the ag-
gravated felony or felonies described in subpara-
graph (D)—
‘‘(i) an organizer, leader, manager, or 
supervisor of others; or 
‘‘(ii) engaged in a continuing criminal 
enterprise (as defined in section 408(c) of
the Controlled Substances Act (21 U.S.C. 
848(c))); 
‘‘(F) has never been incarcerated for any of-
fense except—
‘‘(i) the offense described in clause (i) 
of subparagraph (D), or another offense that 
was committed in the course of the same 
scheme of criminal misconduct; or
‘‘(ii) an offense that was committed in 
the course of the scheme or schemes de-
scribed in clause (ii) or (iii) of such sub-
paragraph; and 
‘‘(G) has not been the subject of a timely 
certification described in paragraph (7) with re-
spect to the aggravated felony or felonies de-
scribed in subparagraph (D), unless such certifi-
cation has been revoked pursuant to such para-
graph. 
‘‘(3) PERMANENT RESIDENTS CONVICTED OF AN 
AGGRAVATED FELONY CLASSIFIED AS A CRIME OF VIO-
LENCE.—The Attorney General may cancel removal 
in the case of an alien who is inadmissible to, or de-
portable from, the United States, if the alien—
‘‘(A) has been an alien lawfully admitted 
for permanent residence for not less than 5 
years; 
‘‘(B) satisfies the residence requirements of 
paragraph (6); 
‘‘(C) has never been convicted of—
‘‘(i) an act of murder, rape, or sexual 
abuse of a minor; or 
‘‘(ii) an attempt or conspiracy to com-
mit an offense described in clause (i); 
‘‘(D) has never been convicted of any aggra-
vated felony that resulted in death or serious 
bodily injury to any person other than the alien; 
‘‘(E) has been convicted of—
‘‘(i) a single aggravated felony for 
which the alien was sentenced to serve a 
term of imprisonment of 2 years or less; 
‘‘(ii) multiple aggravated felonies aris-
ing out of a single scheme of criminal mis-
conduct for which the alien was sentenced to 
serve, in the aggregate, a term of imprison-
ment of 2 years or less; or 
‘‘(iii) 2 aggravated felonies arising out 
of separate schemes of criminal misconduct 
for which the alien was sentenced to serve,
in the aggregate, a term of imprisonment of 
2 years or less, but for neither of which the 
alien was actually incarcerated; 
‘‘(F) was not, in the commission of the ag-
gravated felony or felonies described in subpara-
graph (E)—
‘‘(i) an organizer, leader, manager, or 
supervisor of others; or 
‘‘(ii) engaged in a continuing criminal 
enterprise (as defined in section 408(c) of 
the Controlled Substances Act (21 U.S.C. 
848(c))); 
‘‘(G) has never been incarcerated for any of-
fense except—
‘‘(i) the offense described in clause (i) 
of subparagraph (E), or another offense that 
was committed in the course of the same 
scheme of criminal misconduct; or 
‘‘(ii) an offense that was committed in 
the course of the scheme or schemes de-
scribed in clause (ii) or (iii) of such sub-
paragraph; and 
‘‘(H) has not been the subject of a timely 
certification described in paragraph (7) with re-
spect to the aggravated felony or felonies de-
scribed in subparagraph (E), unless such certifi-
cation has been revoked pursuant to such para-
graph. 
‘‘(4) PERMANENT RESIDENTS ADMITTED BEFORE 
AGE 10.—The Attorney General may cancel removal 
in the case of an alien who is inadmissible to, or de-
portable from, the United States, if the alien—
‘‘(A) has been an alien lawfully admitted 
for permanent residence for not less than 5 
years; 
‘‘(B) resided in the United States continu-
ously for 7 years after having been admitted in 
any status when the alien was under 10 years of 
age; 
‘‘(C) has never been convicted of—
‘‘(i) an act of murder, rape, or sexual 
abuse of a minor; or 
‘‘(ii) an attempt or conspiracy to com-
mit an offense described in clause (i); and 
‘‘(D) has never been incarcerated for a third 
(or succeeding) aggravated felony, except that 
multiple felonies arising out of a single scheme 
of criminal misconduct shall be considered a sin-
gle felony for purposes of this subparagraph.
‘‘(5) PERMANENT RESIDENTS ADMITTED BEFORE 
AGE 16.—The Attorney General may cancel removal 
in the case of an alien who is inadmissible to, or de-
portable from, the United States, if the alien—
‘‘(A) has been an alien lawfully admitted 
for permanent residence for not less than 5 
years; 
‘‘(B) resided in the United States continu-
ously for 7 years—
‘‘(i) before the alien committed any ag-
gravated felony; and 
‘‘(ii) after having been admitted in 
any status when the alien was under 16 
years of age; 
‘‘(C) has never been convicted of—
‘‘(i) an act of murder, rape, or sexual 
abuse of a minor; or 
‘‘(ii) an attempt or conspiracy to com-
mit an offense described in clause (i); and 
‘‘(D) has never been incarcerated for a third 
(or succeeding) aggravated felony, except that 
multiple felonies arising out of a single scheme 
of criminal misconduct shall be considered a sin-
gle felony for purposes of this subparagraph.
‘‘(6) RESIDENCE REQUIREMENTS FOR CERTAIN 
ALIENS.—In the case of an alien seeking relief under 
paragraph (2) or (3), the residence requirements de-
scribed in this paragraph are as follows: 
‘‘(A) If the alien has been convicted of any 
aggravated felony committed after the date of the 
enactment of the Family Reunification Act of 
2002, the alien is required to have resided in the 
United States—
‘‘(i) continuously for 7 years after hav-
ing been admitted in any status and prior
to the commission of such aggravated felony; 
or 
‘‘(ii) continuously for 10 years after 
having been admitted in any status, except 
that, if the alien is incarcerated with re-
spect to such aggravated felony, the period 
beginning on the date on which such aggra-
vated felony was committed and ending on 
the last day of such term of incarceration 
shall be excluded in determining continuous 
residence under this clause. 
‘‘(B) If the alien has not been convicted of 
an aggravated felony committed after the date of 
the enactment of the Family Reunification Act of
2002, but has otherwise been incarcerated for 
any aggravated felony, the alien is required to 
have resided in the United States—
‘‘(i) continuously for 7 years after hav-
ing been admitted in any status and prior 
to the commencement of such term of incar-
ceration; or 
‘‘(ii) continuously for 10 years after 
having been admitted in any status, except 
that any term of incarceration for any ag-
gravated felony shall be excluded in deter-
mining continuous residence under this 
clause. 
‘‘(C) If the alien is not described in sub-
paragraph (A) or (B), the alien is required to 
have resided in the United States continuously 
for 7 years after having been admitted in any 
status. 
‘‘(7) CERTIFICATIONS.—
‘‘(A) IN GENERAL.—In the case of an alien 
seeking relief under paragraph (2) or (3), not 
later than 2 weeks after the alien files an appli-
cation for such relief, the Attorney General may 
notify each agency that prosecuted an aggravated
felony referred to in paragraph (2)(D) or (3)(E), 
as the case may be. 
‘‘(B) CONTENTS.—The notification shall in-
form the agency that it has an opportunity—
‘‘(i) to certify to the Attorney General, 
not later than 60 days after the date on 
which the notification is mailed, that the 
alien has not truthfully provided to the 
agency all information and evidence the 
alien has concerning such felony or felonies, 
and any other offense or offenses that were 
part of the same scheme of criminal mis-
conduct as such felony or felonies; and 
‘‘(ii) on those grounds, to object to can-
cellation of removal. 
‘‘(C) PROVISION TO ALIEN.—The Attorney 
General shall mail any certification timely made 
pursuant to subparagraph (B) with respect to an 
alien to such alien. The alien shall have an op-
portunity, during the 21-day period beginning 
on the date on which the certification is mailed, 
to truthfully provide to the agency all informa-
tion and evidence which the agency certifies has 
not been provided. 
‘‘(D) REVOCATION OF CERTIFICATION.—
‘‘(i) IN GENERAL.—The agency may, 
during the 21-day period beginning after 
the end of the period described in subpara-
graph (C), revoke any certification made 
pursuant to subparagraph (B). Any revoca-
tion of a certification shall void such certifi-
cation. 
‘‘(ii) UNTIMELY REVOCATIONS.—A rev-
ocation under this subparagraph that is not 
timely made may be considered by the At-
torney General in the Attorney General’s 
discretion if it is made prior to the issuance 
of a final order of removal, but the absence 
of a timely revocation shall not be the basis 
for any continuance or delay of proceedings. 
Any determination to deny relief based in 
whole or in part on a revocation that is not 
made, or not timely made, shall not be sub-
ject to administrative or judicial review in 
any forum. 
‘‘(E) FORMS REQUIREMENT.—The Attorney 
General shall ensure that the consequences under 
this paragraph of failing to provide information 
or evidence with respect to aggravated felonies 
are clearly explained in any form promulgated
by the Attorney General that may be used to 
apply for relief under paragraph (2) or (3). 
‘‘(F) CONSTRUCTION.—This paragraph, and 
paragraphs (2) and (3), shall not be construed to 
require the Attorney General to notify any agen-
cy under subparagraph (A). If the Attorney Gen-
eral fails to send, or fails timely to send, the no-
tification described in such subparagraph, the 
alien shall be deemed not to be the subject of a 
certification. 
‘‘(8) CLARIFICATION WITH RESPECT TO CERTAIN 
REFERENCES.—Any reference in this subsection to a 
term of imprisonment or a sentence with respect to an 
offense is deemed to include the period of incarcer-
ation or confinement ordered by a court of law, re-
gardless of any suspension of the imposition or execu-
tion of that imprisonment or sentence in whole or in 
part. However, a period of probation is not a term 
of imprisonment or a sentence for purposes of this 
subsection.
‘‘(9) LIMITATION ON DELEGATION.—Cancellation 
of removal under paragraph (2), (3), (4), or (5) may 
be granted only by the Attorney General or Deputy 
Attorney General. No delegation of such authority to 
any other official may be made.’’.
SEC. 3. CHANGE IN CONDITIONS FOR TERMINATION OF PE-
RIOD OF CONTINUOUS RESIDENCE OR CON-
TINUOUS PHYSICAL PRESENCE. 
Section 240A(d)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1229b(d)(1)) is amended to read as fol-
lows: 
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—
For purposes of this section, any period of continuous 
residence or continuous physical presence in the 
United States shall be deemed to end, except in the
case of an alien who applies for cancellation of re-
moval under subsection (b)(2), when the alien is 
served a notice to appear under section 239(a).’’. 
SEC. 4. PERMITTING CERTAIN PERMANENT RESIDENT 
ALIENS TO RETURN WITHOUT SEEKING AD-
MISSION. 
Section 101(a)(13)(C) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(13)(C)) is amended—
(1) by striking the comma at the end of each of 
clauses (i), (ii), (iii), and (iv) and inserting a semi-
colon at the end of each such clause; 
(2) by amending clause (v) to read as follows: 
‘‘(v) has committed outside the United States an 
offense identified in section 212(a)(2), unless, since 
such offense, the alien has been granted relief under 
section 212(h) or 240A(a), or under section 212(c)
(before its repeal by section 304(b) of the Illegal Im-
migration Reform and Immigrant Responsibility Act 
of 1996 (110 Stat. 3009–597));’’; 
(3) by redesignating clause (vi) as clause (vii); 
and 
(4) by inserting after clause (v) the following: 
‘‘(vi) has committed in the United States an of-
fense identified in section 212(a)(2), and has been ab-
sent from the United States for a continuous period 
in excess of 30 days since committing such offense (or, 
if the absence after the 30th day was beyond the 
alien’s control, for a continuous period in excess of 60 
days), unless, since such offense, the alien has been 
granted relief under section 212(h) or 240A(a), or 
under section 212(c) (before its repeal by section 
304(b) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (110 Stat. 3009–
597)); or’’. 
SEC. 5. RELEASE OF NONDANGEROUS ALIENS. 
(a) IN GENERAL.—Section 236(c)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1226(c)(2)) is amended 
to read as follows: 
‘‘(2) RELEASE.—
‘‘(A) IN GENERAL.—The Attorney General 
may release an alien described in paragraph (1)
only in accordance with subparagraph (B) or 
(C). A decision relating to release under this 
paragraph shall take place in accordance with a 
procedure that considers the severity of any of-
fense committed by the alien. 
‘‘(B) PROTECTION FOR WITNESSES, POTEN-
TIAL
WITNESSES, AND
PERSONS
COOPERATING 
WITH CRIMINAL INVESTIGATIONS.—The Attorney 
General may release an alien described in para-
graph (1) if—
‘‘(i) the Attorney General decides pur-
suant to section 3521 of title 18, United 
States Code, that release of the alien from 
custody is necessary to provide protection to 
a witness, a potential witness, a person co-
operating with an investigation into major 
criminal activity, or an immediate family 
member or close associate of a witness, po-
tential witness, or person cooperating with 
such an investigation; and 
‘‘(ii) the alien satisfies the Attorney 
General that the alien will not pose a dan-
ger to the national security of the United 
States or the safety of persons or property
and is likely to appear for any scheduled 
proceeding. 
‘‘(C) PERMANENT RESIDENT ALIENS ELIGI-
BLE FOR CANCELLATION OF REMOVAL.—The At-
torney General may release an alien described in 
paragraph (1) if the alien demonstrates, by a 
preponderance of the evidence, that the alien—
‘‘(i) has prima facie evidence sufficient 
to establish that the alien is eligible for can-
cellation of removal under section 240A(a); 
and 
‘‘(ii) will not pose a danger to the na-
tional security of the United States or the 
safety of persons or property and is likely 
to appear for any scheduled proceeding.’’. 
(b) APPLICATION TO ALIENS DETAINED ON EFFECTIVE 
DATE.—In the case of an alien detained under section 
241(a)(2) of the Immigration and Nationality Act (8 
U.S.C. 1231(a)(2)) on the date of the enactment of this Act, 
if the alien has prima facie evidence sufficient to establish 
that the alien is eligible for cancellation of removal under 
section 240A(a) of such Act (8 U.S.C. 1229b(a)), as amend-
ed by section 2 of this Act (and subject to the other amend-
ments made by this Act), the alien may seek release from
detention under section 236(c)(2)(C) of such Act (8 U.S.C. 
1226(c)(2)(C)), as added by this section. 
SEC. 6. CLARIFICATION OF EFFECT OF VACATION OF CON-
VICTION. 
Section 101(a)(48) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(48)) is amended by adding at 
the end the following: 
‘‘(C) Any conviction entered by a court that otherwise 
would be considered a conviction under this paragraph 
shall continue to be so considered notwithstanding a vaca-
tion of that conviction, unless the conviction is vacated—
‘‘(i) on the merits; or 
‘‘(ii) on grounds relating to a violation of a stat-
utory or constitutional right in the underlying crimi-
nal proceeding.’’. 
SEC. 7. EFFECTIVE DATE; SPECIAL APPLICABILITY RULE. 
(a) IN GENERAL.—The amendments made by this Act 
shall take effect on the date of the enactment of this Act 
and shall apply to aliens who—
(1) are in removal proceedings under the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.) 
on or after such date; 
(2) were in such proceedings before such date, 
were ineligible for cancellation of removal under sec-
tion 240A(a) of such Act (8 U.S.C. 1229b(a)) before
such date, but would have been eligible for cancella-
tion of removal under such section if the amendments 
made by this Act had been in effect during the entire 
pendency of such proceedings; or 
(3) were in exclusion or deportation proceedings 
under such Act before such date, and were ineligible 
for relief under section 212(c) of such Act (as in effect 
on March 31, 1997, before its repeal by section 304(b) 
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (110 Stat. 3009–597)) by 
reason of the amendments made by section 440(d) of 
the Antiterrorism and Effective Death Penalty Act of 
1996 (Public Law 104–132; 110 Stat. 1277). 
(b) SPECIAL APPLICABILITY RULE.—
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, aliens described in subsection (a)(3) 
shall be considered to be, or to have been, in removal 
proceedings under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) to the extent necessary to 
permit them to apply, and be considered eligible, for 
cancellation of removal under section 240A(a) of such 
Act (8 U.S.C. 1229b(a)), as amended by this Act. 
(2) RELIEF.—If the Attorney General determines 
that an alien described in subsection (a)(3) should be 
provided relief pursuant to this Act, the Attorney
General shall take such steps as may be necessary to 
terminate any proceedings to exclude or deport the 
alien that may be pending, and shall grant or restore 
to the alien the status of an alien lawfully admitted 
to the United States for permanent residence. 
SEC. 8. MOTIONS TO REOPEN. 
(a) IN GENERAL.—Not later than 1 year after the ef-
fective date of the final regulations issued under section 9(b) 
of this Act, and in accordance with such regulations, an 
alien described in subsection (b) may file a motion to re-
open removal, deportation, or exclusion proceedings in 
order to apply for cancellation of removal under section 
240A(a) of the Immigration and Nationality Act (8 U.S.C. 
1229b(a)) pursuant to the amendments made by this Act. 
(b) ALIENS DESCRIBED.—An alien is described in this 
subsection if the alien—
(1) is described in subsection (a) of section 7; 
and 
(2) is otherwise unable to apply, or reapply, for 
cancellation of removal under section 240A(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(a)) by reason of the procedural posture of the 
exclusion, deportation, or removal proceedings that 
are, or were, pending against the alien (including the 
fact that such proceedings are finally concluded).
(c) EVIDENCE.—A motion filed under subsection (a) 
shall describe or set forth prima facie evidence sufficient 
to establish that the alien is eligible for cancellation of re-
moval under section 240A(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1229b(a)), as amended by this Act. 
(d) NO REENTRY OR READMISSION TO FILE OR PROS-
ECUTE MOTION.—No alien may be admitted or otherwise 
authorized to enter the United States solely to file or pros-
ecute a motion to reopen under this section or otherwise 
to apply for relief under this Act or the amendments made 
by this Act, except as the Attorney General may provide 
pursuant to the sole and unreviewable discretion of the At-
torney General. Hearings held pursuant to this Act and the 
amendments made by this Act may be held in the United 
States or abroad, with the alien appearing in person or 
by video phone or similar device. 
(e) DISCRETION.—The grant or denial of any motion 
to reopen filed under this section shall be in the sole and 
unreviewable discretion of the Attorney General. 
(f) NO JUDICIAL REVIEW.—No court shall have juris-
diction to review any decision of the Attorney General deny-
ing a motion to reopen under this section. 
SEC. 9. RULES. 
(a) ISSUANCE OF ADVANCE NOTICE OF PROPOSED 
RULEMAKING.—The Attorney General shall issue an ad-