I
106TH CONGRESS
2D SESSION
H. R. 5062
To establish the eligibility of certain aliens lawfully admitted for permanent
residence for cancellation of removal under section 240A of the Immigra-
tion and Nationality Act.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
Mr. MCCOLLUM (for himself, Mr. FRANK of Massachusetts, Mr. FROST, Mr.
DIAZ-BALART, Ms. ROS-LEHTINEN, Mr. FILNER, Mr. BILBRAY, Mr.
ROGAN, and Mr. OSE) introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To establish the eligibility of certain aliens lawfully admitted
for permanent residence for cancellation of removal
under section 240A of the Immigration and Nationality
Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LIMITING DISQUALIFICATION FROM CAN-
CELLATION OF REMOVAL FOR CERTAIN PER-
MANENT RESIDENT ALIENS.
(a) TERMINATION OF PERIOD OF CONTINUOUS RESI-
DENCE.—
(1) IN GENERAL.—Section 240A(d)(1) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1229b(d)(1)) is amended by adding at the end the
following:
‘‘Notwithstanding the preceding sentence, in deter-
mining under such sentence whether a period of con-
tinuous residence described in subsection (a)(2) has
ended, any offense committed on or before Sep-
tember 30, 1996, shall be disregarded.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if included in
the enactment of section 304 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
1996 (Public Law 104–208; 110 Stat. 3009–587).
(b) TREATMENT OF PARTICULAR CRIMES AS AGGRA-
VATED FELONIES.—
(1) IN GENERAL.—Section 304 of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (as contained in title III of division C
of Public Law 104–208; 110 Stat. 3009–587) is
amended by adding at the end the following:
‘‘(d) TRANSITION RULE FOR CANCELLATION OF RE-
MOVAL FOR CERTAIN PERMANENT RESIDENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), notwithstanding section 321 or 322 of
this Act, section 440 of the Antiterrorism and Effec-
tive Death Penalty Act of 1996 (8 U.S.C. 1101
note), or any other provision of law (including any
effective date), in applying section 240A(a)(3) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1229b(a)(3)) to a criminal offense committed on or
before September 30, 1996, the term ‘aggravated
felony’ shall not be construed to include the offense
if the offense—
‘‘(A) was not considered to be within the
meaning of that term (as defined in section
101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)) on the date on which the of-
fense was committed; and
‘‘(B) is considered to be within the mean-
ing of that term (as so defined) by reason of
the enactment of—
‘‘(i) this Act, in the case of an offense
committed during the period beginning on
April 25, 1996, and ending on September
30, 1996; or
‘‘(ii) this Act or the Antiterrorism and
Effective Death Penalty Act of 1996, in
the case of an offense committed on or be-
fore April 24, 1996.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to an offense of rape or sexual abuse of a
minor. The amendment made by section 321(a)(1)
of this Act shall not be affected by such paragraph.
‘‘(3) COURSE
OF
CONDUCT.—In the case in
which a course of conduct is an element of a crimi-
nal offense, for purposes of paragraph (1), the date
on which the last act or omission of that course of
conduct occurs shall be considered to be the date on
which the offense is committed.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if included in
the enactment of section 304 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
1996 (Public Law 104–208; 110 Stat. 3009–587).
SEC. 2. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.
(a) 
IN
GENERAL.—Notwithstanding 
section
240(c)(6) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(6)) or any other limitation imposed by
law on motions to reopen removal proceedings, the Attor-
ney General shall establish a process (whether through
permitting the reopening of a removal proceeding or other-
wise) under which an alien—
(1) who is (or was) in removal proceedings be-
fore the date of the enactment of this Act (whether
or not the alien has been removed as of such date);
and
(2) whose eligibility for cancellation of removal
has been established by section 1 of this Act;
may apply (or reapply) for cancellation of removal under
section 240A(a) of the Immigration and Nationality Act
(8 U.S.C. 1229b(a)) as a beneficiary of the relief provided
under section 1 of this Act.
(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 removed from the
United States to participate in the process established
under subsection (a).
Æ