I
107TH CONGRESS
1ST SESSION
H. R. 1452
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
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 2001’’.
SEC. 2. RESTORING ATTORNEY GENERAL’S DISCRETION TO
GRANT 
CANCELLATION 
OF 
REMOVAL 
TO
LONG-TERM PERMANENT RESIDENT ALIENS
WHEN APPROPRIATE.
(a) CANCELLATION OF REMOVAL FOR CERTAIN PER-
MANENT RESIDENTS.—Section 240A(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229b(a)) is amended
to read as follows:
‘‘(a) CANCELLATION
OF REMOVAL
FOR CERTAIN
PERMANENT RESIDENTS.—
‘‘(1) IN GENERAL.—The Attorney General may
cancel removal in the case of an alien who is inad-
missible 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) has resided in the United States con-
tinuously for 7 years after having been admit-
ted in any status; and
‘‘(C) has not been convicted of—
‘‘(i) an aggravated felony or felonies
for which the alien has been sentenced, in
the aggregate, to a term of imprisonment
of 5 years or more; or
‘‘(ii) in the case of sentencing imposed
under a system of indeterminate sen-
tencing (as defined in section 20101 of the
Violent Crime Control and Law Enforce-
ment Act of 1994 (42 U.S.C. 13701)), an
aggravated felony or felonies for which—
‘‘(I) the midpoint of the statutory
range of sentence applicable to the fel-
ony or felonies is, in the aggregate, 5
years or more; or
‘‘(II) the alien has served, in the
aggregate, a term of imprisonment of
5 years or more.
‘‘(2) NO DANGER TO PERSONS OR PROPERTY.—
In the case of an alien convicted of an aggravated
felony involving violence, the Attorney General may
exercise the discretion described in paragraph (1)
only after making a written determination that the
action poses no danger to the safety of persons or
property.
‘‘(3) DEFINITION
OF
TERM
OF
IMPRISON-
MENT.—For purposes of this subsection (and any
other determination under this Act made solely with
respect to an alien whose removal is canceled under
this subsection), section 101(a)(48)(B) shall be ap-
plied so as to exclude from the time periods defined
in the section any period of suspension of the impo-
sition or execution of a term of imprisonment or a
sentence in whole or in part.
‘‘(4) RELEASE FROM DETENTION PENDING DE-
CISION.—Notwithstanding section 236(c)(2), the At-
torney General may release an alien applying for
cancellation of removal under this subsection, pend-
ing a decision on whether the alien is to be removed
from the United States, if the alien demonstrates to
the satisfaction of the Attorney General that the
alien is not a threat to the community and is likely
to appear for any scheduled proceeding. A decision
relating to such release shall be made in accordance
with a procedure that considers the severity of the
offense committed by the alien.’’.
(b) CANCELLATION
OF REMOVAL
FOR CERTAIN
OTHER PERMANENT RESIDENTS FOR URGENT HUMANI-
TARIAN REASONS OR SIGNIFICANT PUBLIC BENEFIT.—
Section 240A of the Immigration and Nationality Act (8
U.S.C. 1229b) is amended by adding at the end the fol-
lowing:
‘‘(f) CANCELLATION
OF REMOVAL
FOR CERTAIN
PERMANENT RESIDENTS FOR URGENT HUMANITARIAN
REASONS OR SIGNIFICANT PUBLIC BENEFIT.—
‘‘(1) IN GENERAL.—In the case of an alien oth-
erwise eligible for cancellation of removal under sub-
section (a), except that the alien has been convicted
of an aggravated felony that renders the alien un-
able to satisfy the requirement in subsection
(a)(1)(C), the Attorney General may cancel removal
of the alien under such conditions as the Attorney
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 cancellation of removal poses no dan-
ger to the safety of persons or property.
‘‘(2) RELEASE FROM DETENTION PENDING DE-
CISION.—Subsection (a)(4) shall apply to release of
an alien applying for cancellation of removal under
this subsection in the same manner as such sub-
section applies to an alien applying under subsection
(a).’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall take effect as if included in
the enactment of section 304 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public
Law 104–208; 110 Stat. 3009–587).
SEC. 3. CHANGE IN CONDITIONS FOR TERMINATION OF PE-
RIOD OF CONTINUOUS RESIDENCE OR CON-
TINUOUS PHYSICAL PRESENCE.
(a) IN GENERAL.—Section 240A(d)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1229b(d)(1)) is
amended to read as follows:
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—
‘‘(A) IN GENERAL.—For purposes of this
section, any period of continuous residence or
continuous physical presence in the United
States of an alien shall be deemed to end upon
the alien’s failure to attend a proceeding under
section 240, unless—
‘‘(i) the Attorney General determines
not to seek a removal order in absentia
under section 240(b)(5)(A) based on such
failure;
‘‘(ii) any removal order entered in
absentia under such section based on such
failure 
is 
rescinded 
under 
section
240(b)(5)(C); or
‘‘(iii) the alien demonstrates that—
‘‘(I) the failure to appear was in-
advertent or due to reasonable cause;
and
‘‘(II) within a relatively brief pe-
riod subsequent to such failure, the
alien presented himself or herself in
person to an immigration officer and
made known the reasons for such fail-
ure.
‘‘(B) CONSTRUCTION.—In a case described
in clause (i), (ii), or (iii) of subparagraph (A),
the alien’s failure to attend the proceeding
under section 240 shall not be construed to
cause a break in the continuity of residence or
physical presence.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect as if included in the enact-
ment of section 304 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104–
208; 110 Stat. 3009–587).
SEC. 4. RELIEF FOR CERTAIN PERMANENT RESIDENT
ALIENS IN EXCLUSION, DEPORTATION, OR
REMOVAL PROCEEDINGS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, including section 240A of the Immigration
and Nationality Act (8 U.S.C. 1229b), an alien, whether
physically present in the United States or not, who was
lawfully admitted for permanent residence on April 1,
1997, and who is or was in exclusion, deportation, or re-
moval proceedings on or after such date by reason of hav-
ing committed a criminal offense before such date may—
(1) request discretionary administrative relief
from exclusion, deportation, or removal based on
such offense under the provisions of the Immigration
and Nationality Act in effect on the date of the com-
mission of such offense and without regard to the
provisions of paragraphs (5) and (7) of section
309(c) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1101
note); and
(2) appeal for administrative review of a denial
(rendered before, on, or after the date of the enact-
ment of this Act) of discretionary relief from exclu-
sion, deportation, or removal based on such offense
under the provisions of the Immigration and Nation-
ality Act in effect on the date of the commission of
such offense and without regard to the provisions of
paragraphs (5) and (7) of section 309(c) of the Ille-
gal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1101 note).
(b) NO DANGER TO PERSONS OR PROPERTY.—In the
case of an alien convicted of an aggravated felony involv-
ing violence, the Attorney General may reverse under sub-
section (a) a denial of discretionary relief rendered before
the date of the enactment of this Act only after making
a written determination that the action poses no danger
to the safety of persons or property.
SEC. 5. APPLICATIONS FOR RELIEF.
(a) ESTABLISHMENT OF APPLICATION PROCESS.—
Notwithstanding section 240(c)(6) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(6)) or any other limi-
tation imposed by law on motions to reopen exclusion, de-
portation, or removal proceedings, the Attorney General
shall establish a process (whether through permitting the
reopening of such a proceeding or otherwise) under which
an alien, whether physically present in the United States
or not, who is or was in such a proceedings before the
date of the enactment of this Act (whether or not the alien
has been excluded, deported, or removed as of such
date)—
(1) may apply (or reapply) for cancellation of
removal and release from detention under section
240A of the Immigration and Nationality Act, as
amended by sections 2 and 3 of this Act, if the alien
has become eligible for cancellation of removal as a
result of one or more of the amendments made by
such sections; or
(2) may apply (or reapply) for discretionary re-
lief under section 4 of this Act, if the alien is eligible
for such relief.
(b) 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 who are not physically
present in the United States to participate in the process
established under subsection (a). An alien so paroled shall
not be treated as paroled into the United States for pur-
poses of section 201(c)(4) of the Immigration and Nation-
ality Act (8 U.S.C. 1151(c)(4)).
SEC. 6. PERMITTING CERTAIN PERMANENT RESIDENT
ALIENS TO RETURN WITHOUT SEEKING AD-
MISSION.
Section 101(a)(13)(C) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(13)(C)) is amended—
(1) in clause (iv), by adding ‘‘or’’ at the end;
(2) by striking clause (v); and
(3) by redesignating clause (vi) as clause (v).
Æ