ments 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 ef-
fect on March 31, 1997, before its repeal by section 
304(b) of the Illegal Immigration Reform and Immi-
grant 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 Secretary of Homeland Se-
curity determines that an alien described in sub-
section (a)(3) should be provided relief pursuant to
this Act, the Secretary of Homeland Security 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 
effective 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 
reopen 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 
PROSECUTE MOTION.—No alien may be admitted or oth-
erwise authorized to enter the United States solely to file 
or prosecute a motion to reopen under this section or oth-
erwise to apply for relief under this Act or the amend-
ments made by this Act, except as the Secretary of Home-
land Security may provide pursuant to the sole and 
unreviewable discretion of the Secretary of Homeland Se-
curity. Hearings held pursuant to this Act and the amend-
ments 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 Secretary of Homeland Se-
curity. 
(f) NO JUDICIAL REVIEW.—No court shall have ju-
risdiction to review any decision of the Secretary of Home-
land Security denying a motion to reopen under this sec-
tion. 
SEC. 9. RULES. 
(a) ISSUANCE OF ADVANCE NOTICE OF PROPOSED 
RULEMAKING.—The Secretary of Homeland Security shall 
issue an advance notice of proposed rulemaking pertaining 
to this Act, and the amendments made by this Act, not 
later than 60 days after the date of the enactment of this 
Act. 
(b) ISSUANCE OF FINAL REGULATIONS.—The Sec-
retary of Homeland Security shall issue the final regula-
tions to carry out this Act not later than 90 days after 
the date of the enactment of this Act, specifying an effec-
tive date that is not more than 15 days after the date 
of publication of such final regulations. 
SEC. 10. SUNSET. 
This Act, and the amendments made by this Act, 
shall cease to have effect on December 31, 2006, or 3 
years after the date on which final regulations to carry 
out this Act are issued, whichever occurs later. 
SEC. 11. ANNUAL REPORT. 
The Secretary of Homeland Security annually shall 
submit to the Committee on the Judiciary of the United 
States House of Representatives and the Committee on 
the Judiciary of the Senate a report with respect to this
Act and the amendments made by this Act. The report 
shall contain information on—
(1) the number of aliens who applied for can-
cellation of removal, release from detention, or any 
other immigration benefit, based on this Act or the 
amendments made by this Act; 
(2) the crimes committed by the aliens de-
scribed in paragraph (1); 
(3) the number of applications described in 
paragraph (1) that were granted; and 
(4) any other subject the Secretary of Home-
land Security considers relevant.
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