I 
108TH CONGRESS 
1ST SESSION H. R. 3309
To amend the Immigration and Nationality Act to restore certain provisions 
relating to the definition of aggravated felony and other provisions as 
they were before the enactment of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 16, 2003
Mr. FILNER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to restore 
certain provisions relating to the definition of aggravated 
felony and other provisions as they were before the enact-
ment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Keeping Families Together Act of 2003’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Restoration of definition of aggravated felony (repeal of section 321 of 
IIRIRA). 
Sec. 3. Restoration of detention policy. 
Sec. 4. Repeal of time stop provisions. 
Sec. 5. Repeal of section 101(a)(48). 
Sec. 6. Restoration of section 212(c). 
Sec. 7. Restoration of judicial review provisions. 
Sec. 8. Post-proceeding relief for affected aliens.
SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED 
FELONY (REPEAL OF SECTION 321 OF IIRIRA). 
(a) IN GENERAL.—Effective as if included in the en-
actment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104–
208), section 321 of such Act is repealed and the provi-
sions of law amended by such section are restored as if 
such section had not been enacted. 
(b) RESTORATION
OF RIGHTS.—Any alien whose 
legal permanent resident status, application for permanent 
residence, or application for cancellation of removal, was 
affected by the changes in the definition of ‘‘aggravated 
felony’’ made by such section 321 may apply to the Attor-
ney General to be considered for adjustment of status or 
cancellation of removal in conformance with the provisions 
of section 101(a)(43) of the Immigration and Nationality 
Act, as restored by subsection (a). 
SEC. 3. RESTORATION OF DETENTION POLICY. 
(a) IN GENERAL.—Section 236(c) of the Immigration 
and Nationality Act (8 U.S.C. 1226(c)) is amended to 
read as follows:
‘‘(c) DETENTION OF CRIMINAL ALIENS.—
‘‘(1) IN GENERAL.—The Attorney General shall 
take into custody any alien convicted of an aggra-
vated felony upon release of the alien (regardless of 
whether or not such release is on parole, supervised 
release, or probation, and regardless of the possi-
bility of rearrest or further confinement in respect of 
the same offense). Notwithstanding subsection (a) or 
section 241(a) but subject to paragraph (2), the At-
torney General shall not release such felon from cus-
tody. 
‘‘(2) NON-RELEASE.—The Attorney General 
may not release from custody any who has been con-
victed of an aggravated felony, either before or after 
a determination of removability, unless—
‘‘(A)(i) the alien was lawfully admitted, or 
‘‘(ii) the alien was not lawfully admitted 
but the alien cannot be removed because the 
designated country of removal will not accept 
the alien; and 
‘‘(B) the alien satisfies the Attorney Gen-
eral that the alien will not pose a danger to the 
safety of other persons or of property and is 
likely to appear for any scheduled proceeding.’’.
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall be effective as if included in the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996. 
SEC. 4. REPEAL OF TIME STOP PROVISIONS. 
(a) IN GENERAL.—Section 240A(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229b(d)) is repealed. 
(b) EFFECTIVE DATE.—The repeal made by sub-
section (a) shall be effective as if included in the enact-
ment of subtitle A of title III of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996. 
SEC. 5. REPEAL OF SECTION 101(a)(48). 
(a) IN
GENERAL.—Paragraph (48) of section 
101(a)(48) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)) is repealed. 
(b) EFFECTIVE DATE.—The repeal made by sub-
section (a) shall take effect as if included in the enactment 
of section 322(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996. 
SEC. 6. RESTORATION OF SECTION 212(c). 
(a) IN GENERAL.—Section 212 of the Immigration 
and Nationality Act (8 U.S.C. 1182) is amended by insert-
ing after subsection (b) the following new subsection:
‘‘(c) Aliens lawfully admitted for permanent residence 
who temporarily proceeded abroad voluntarily and not
under an order of deportation or removal, and who are 
returning to a lawful unrelinquished domicile of seven con-
secutive years, may be admitted in the discretion of the 
Attorney General without regard to the provisions of sub-
section (a) (other than paragraphs (3) and (10)(C)). 
Nothing contained in this subsection shall limit the au-
thority of the Attorney General to exercise the discretion 
vested in him under section 211(b). The first sentence of 
this subsection shall not apply to an alien who has been 
convicted of one or more aggravated felonies and has 
served for such felony or felonies a term of imprisonment 
of at least 5 years.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) applies as of April 24, 1996, as if section 
440(d) of the Antiterrorism and Effective Death Penalty 
Act of 1996 (Public Law 104–132) and section 304(b) of 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208) had not 
been enacted. 
SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS. 
(a) IN GENERAL.—Section 242 of the Immigration 
and Nationality Act (8 U.S.C. 1252) is amended to read 
as follows:
‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL 
‘‘SEC. 242. (a) The procedure prescribed by, and all 
the provisions of chapter 158 of title 28, United States
Code, shall apply to, and shall be the sole and exclusive 
procedure for, the judicial review of all final orders of re-
moval heretofore or hereafter made against aliens within 
the United States pursuant to administrative proceedings 
under section 240 of this Act or comparable provisions of 
any prior Act, except that—
‘‘(1) a petition for review may be filed not later 
than 90 days after the date of the issuance of the 
final removal order, or, in the case of an alien con-
victed of an aggravated felony not later than 30 
days after the issuance of such order; 
‘‘(2) the venue of any petition for review under 
this section shall be in the judicial circuit in which 
the administrative proceedings before an immigra-
tion judge were conducted in whole or in part, or in 
the judicial circuit wherein is the residence, as de-
fined in this Act, of the petitioner, but not in more 
than one circuit; 
‘‘(3) the action shall be brought against the Im-
migration and Naturalization Service, as respondent. 
Service of the petition to review shall be made upon 
the Attorney General of the United States and upon 
the official of the Immigration and Naturalization 
Service in charge of the Service district in which the 
office of the clerk of the court is located. The service