(1) the Attorney General shall permit the alien
to request the Attorney General to exercise the dis-
cretion described in paragraph (2) pursuant to the
process established under section 3 (including sub-
section (e) of such section);
(2) the Attorney General may exercise the dis-
cretion described in section 3(a) (including para-
graph (1)(B), the strike (but not the addition) in
paragraph (1)(C), and paragraphs (2) through (4)
of such section), under such conditions as the Attor-
ney General may prescribe, but only—
(A) on a case-by-case basis for urgent hu-
manitarian reasons, significant public benefit
(including assuring family unity), or any other
sufficiently compelling reason; and
(B) after making a written determination
that the action poses no danger to the safety of
persons or property; and
(3) a judgment regarding the granting or denial
of relief to the alien under this subsection shall be
subject to judicial review in accordance with section
3(d) in the same manner as a judgment regarding
relief under section 3.
SEC. 5. SUSPENSION OF DEPORTATION FOR CERTAIN
OTHER ALIENS.
(a) IN GENERAL.—The Attorney General shall estab-
lish a process (whether through permitting the reopening
of a proceeding described in subsection (b) or otherwise)
under which an alien described in subsection (b) may re-
quest the Attorney General to exercise the discretion
granted under paragraph (1), (2), or (3) of section 244(a)
of the Immigration and Nationality Act (as in effect on
March 31, 1997) as if—
(1) the amendment in section 321(a)(3) of the
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (110 Stat. 3009–627) to sub-
paragraphs (F) and (G) of section 101(a)(43) of the
Immigration and Nationality Act had not been
made; and
(2) section 321(a)(8) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(110 
Stat. 
3009–628) 
had 
amended 
section
101(a)(43)(N) of the Immigration and Nationality
Act by striking ‘‘for which the term’’ and all that
follows and inserting the following: ‘‘, except in the
case of a first offense for which the alien has affirm-
atively shown that the alien committed the offense
for the purpose of assisting, abetting, or aiding only
the alien’s immediate family to violate a provision of
this Act;’’.
(b) ALIEN DESCRIBED.—An alien referred to in sub-
section (a) is an alien who is the subject of a proceeding—
(1) in which the alien would have satisfied the
requirements for the application of discretion grant-
ed to the Attorney General under paragraph (1),
(2), or (3) of section 244(a) of the Immigration and
Nationality Act (as in effect on March 31, 1997) but
for the amendments made by paragraphs (3) and (8)
of section 321(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 to sub-
paragraphs (F), (G), and (N) of section 101(a)(43)
of the Immigration and Nationality Act;
(2) with respect to which the Attorney General
has not elected to proceed under paragraph (2) of
section 309(c) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C.
1101 note); and
(3) which has not been terminated under para-
graph (3) of such section 309(c).
(c) NO DANGER TO PERSONS OR PROPERTY.—In the
case of an alien convicted of an aggravated felony involv-
ing violence, the Attorney General may exercise the discre-
tion described in subsection (a) only after making a writ-
ten determination that the action poses no danger to the
safety of persons or property.
(d) JUDICIAL REVIEW.—A judgment regarding the
granting or denial of relief under this section shall be sub-
ject to judicial review in accordance with section 106 of
the Immigration and Nationality Act (as in effect on April
23, 1996), notwithstanding section 242 of the Immigra-
tion and Nationality Act, section 440(a) of the
Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104–132; 110 Stat. 1277), sections 306 and
309(c)(4) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (Public Law 104–208;
110 Stat. 3009–607 et seq.), or any other provision of
law limiting judicial review of a discretionary decision
under section 244 of the Immigration and Nationality Act
(as in effect on March 31, 1997).
(e) PAROLE.—The Attorney General should exercise
the parole authority under section 212(d)(5)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1182(d)(5)(A))
for the purpose of permitting aliens deported from the
United States to participate in the process established
under subsection (a).
SEC. 6. CONSTRUCTION.
In the case of an alien who is eligible for relief under
section 212(c) of the Immigration and Nationality Act (as
in effect before the enactment of section 440(d) of the
Antiterrorism and Effective Death Penalty Act of 1996)
(Public Law 104–132; 110 Stat. 1277), nothing in this
Act, or any amendment made by this Act, shall be con-
strued to modify such eligibility.
Æ