I
105TH CONGRESS
1ST SESSION
H. R. 2302
To amend the Immigration and Nationality Act to clarify the relief available
under current law, and to provide additional relief and procedural rights
for certain aliens who would otherwise be ineligible for such procedural
rights.
IN THE HOUSE OF REPRESENTATIVES
JULY 30, 1997
Mr. DIAZ-BALART (for himself, Ms. ROS-LEHTINEN, Mr. GILMAN, Mr. SMITH
of New Jersey, Mr. MCINTOSH, Mr. SOUDER, Mr. KING, Mr. GUTIERREZ,
Mr. MENENDEZ, Mrs. MEEK of Florida, Mr. DEUTSCH, Mr. PASTOR, and
Mr. BERMAN) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to clarify
the relief available under current law, and to provide
additional relief and procedural rights for certain aliens
who would otherwise be ineligible for such procedural
rights.
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 ‘‘Immigration Technical
Revisions Act of 1997’’.
SEC. 2. (a) Section 240A, subsection (e), of the Im-
migration and Nationality Act is amended—
(1) in the first sentence, by striking ‘‘this sec-
tion’’ and inserting in lieu thereof ‘‘section
240A(b)(1)’’;
(2) by striking ‘‘, nor suspend the deportation
and adjust the status under section 244(a) (as in ef-
fect before the enactment of the Illegal Immigration
Reform and Immigrant Responsibility act of
1996),’’; and
(3) by striking the last sentence in the sub-
section and inserting in lieu thereof ‘‘The previous
sentence shall apply only to removal cases com-
menced on or after April 1, 1997, including cases
where the Attorney General exercises authority pur-
suant to paragraph (2) or (3) of section 309(c) of
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (P.L. 104–208, Division C,
110 Stat. 3009).’’.
(b) Section 309, subsection (c), of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996
(P.L. 104–208, Division C, 110 Stat. 3009) is amended
by striking paragraph (7).
(c) Section 240A of the Immigration and Nationality
Act is amended—
(1) in subsection (b), paragraph (3), by striking
‘‘(1) or (2)’’ in the first and third sentences of that
paragraph and inserting in lieu thereof ‘‘(1), (2), or
(3)’’;
(2) in subsection (b), by redesignating para-
graph (3) as paragraph (4);
(3) in subsection (d), paragraph (1), by striking
‘‘this section.’’ and inserting in lieu thereof ‘‘sub-
sections (a), (b)(1), and (b)(2).’’; and
(4) in subsection (b), by adding after paragraph
(2) the following new paragraph:
‘‘(3) SPECIAL RULE FOR CERTAIN ALIENS COV-
ERED BY THE SETTLEMENT AGREEMENT IN AMER-
ICAN BAPTIST CHURCHES ET AL. V. THORNBURGH
(ABC), 760 F. SUPP. 796 (N.D. CAL. 1991).—
‘‘(A) The Attorney General may, in his or
her discretion, cancel removal and adjust the
status from such cancellation in the case of an
alien who is removable from the United States
if the alien demonstrates that—
‘‘(i) the alien has not been convicted
at any time of an aggravated felony, and
‘‘(I) was not apprehended after
December 19, 1990, at the time of
entry, and is either—
‘‘(aa) a Salvadoran national
who first entered the United
States on or before September
19, 1990, who registered for ben-
efits pursuant to the ABC settle-
ment agreement on or before Oc-
tober 31, 1991, or applied for
Temporary Protected Status on
or before October 31, 1991; or
‘‘(bb) a Guatemalan national
who first entered the United
States on or before October 1,
1990, and who registered for
benefits pursuant to the ABC
settlement agreement by Decem-
ber 31, 1991; or
‘‘(cc) the spouse or unmar-
ried son or daughter of an alien
described in (aa) who entered the
United States on or before Sep-
tember 19, 1990, or the spouse
or unmarried son or daughter of
an alien described in (bb) who
entered the United States on or
before October 1, 1990; or
‘‘(II) is a Nicaraguan, Guate-
malan, or Salvadoran who filed an ap-
plication for asylum with the Immi-
gration and Naturalization Service be-
fore April 1, 1990, and the Immigra-
tion and Naturalization Service had
not granted, denied, or referred that
application as of April 1, 1997; and
‘‘(ii) the alien is not described in
paragraph (4) of section 237(a) or para-
graph (3) of section 212(a) of the Act; and
‘‘(iii) the alien—
‘‘(I) is removable under any law
of the United States except the provi-
sions specified in subclause (II) of this
clause, has been physically present in
the United States for a continuous pe-
riod of not less than seven years im-
mediately preceding the date of such
application, and proves that during all
of such period he was and is a person
of good moral character, and is a per-
son whose removal would, in the opin-
ion of the Attorney General, result in
extreme hardship to the alien or to his
‘‘(B) Subsection (d) of this section shall
not apply to determinations under this para-
graph, and an alien shall not be considered to
have failed to maintain continuous physical
presence in the United States under clause
(A)(iii) of this paragraph if the alien dem-
onstrates that the absence from the United
States was brief, casual, and innocent, and did
not meaningfully interrupt the continuous phys-
ical presence.’’.
(d) The amendments made by this section shall be
effective as if included in the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (P.L. 104–208,
Division C, 110 Stat. 3009).
SEC. 3. Any alien who has become eligible for suspen-
sion of deportation or cancellation of removal as a result
of the amendments made by section 2, may, notwithstand-
ing any other limitations on motions to reopen imposed
by the Immigration and Nationality Act or by regulation,
file one motion to reopen to apply for suspension of depor-
tation or cancellation of removal. The Attorney General
shall designate a specific time period in which all such mo-
tions to reopen must be filed. The period must begin no
later than 120 days after the date of enactment of this
Act and shall extend for a period of 180 days.
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