prior to the commission of such aggravated 
felony; or 
‘‘(ii) continuously for 10 years after 
having been admitted in any status, except 
that, if the alien is incarcerated with re-
spect to such aggravated felony, the period 
beginning on the date on which such ag-
gravated felony was committed and ending 
on the last day of such term of incarcer-
ation shall be excluded in determining con-
tinuous residence under this clause. 
‘‘(B) If the alien has not been convicted of 
an aggravated felony committed after the date 
of the enactment of the Family Reunification 
Act of 2005, but has otherwise been incarcer-
ated for any aggravated felony, the alien is re-
quired to have resided in the United States—
‘‘(i) continuously for 7 years after 
having been admitted in any status and 
prior to the commencement of such term of 
incarceration; or 
‘‘(ii) continuously for 10 years after 
having been admitted in any status, except 
that any term of incarceration for any ag-
gravated felony shall be excluded in deter-
mining continuous residence under this 
clause. 
‘‘(C) If the alien is not described in sub-
paragraph (A) or (B), the alien is required to 
have resided in the United States continuously 
for 7 years after having been admitted in any 
status. 
‘‘(7) CERTIFICATIONS.—
‘‘(A) IN GENERAL.—In the case of an alien 
seeking relief under paragraph (2) or (3), not 
later than 2 weeks after the alien files an appli-
cation for such relief, the Secretary of Home-
land Security may notify each agency that pros-
ecuted an aggravated felony referred to in para-
graph (2)(D) or (3)(E), as the case may be. 
‘‘(B) CONTENTS.—The notification shall 
inform the agency that it has an opportunity—
‘‘(i) to certify to the Secretary of 
Homeland Security, not later than 60 days 
after the date on which the notification is 
mailed, that the alien has not truthfully 
provided to the agency all information and 
evidence the alien has concerning such fel-
ony or felonies, and any other offense or 
offenses that were part of the same scheme
of criminal misconduct as such felony or 
felonies; and 
‘‘(ii) on those grounds, to object to 
cancellation of removal. 
‘‘(C) PROVISION
TO
ALIEN.—The Sec-
retary of Homeland Security shall mail any cer-
tification timely made pursuant to subpara-
graph (B) with respect to an alien to such 
alien. The alien shall have an opportunity, dur-
ing the 21-day period beginning on the date on 
which the certification is mailed, to truthfully 
provide to the agency all information and evi-
dence which the agency certifies has not been 
provided. 
‘‘(D) REVOCATION OF CERTIFICATION.—
‘‘(i) IN GENERAL.—The agency may, 
during the 21-day period beginning after 
the end of the period described in subpara-
graph (C), revoke any certification made 
pursuant to subparagraph (B). Any rev-
ocation of a certification shall void such 
certification. 
‘‘(ii) 
UNTIMELY
REVOCATIONS.—A 
revocation under this subparagraph that is 
not timely made may be considered by the
Secretary of Homeland Security in the 
Secretary of Homeland Security’s discre-
tion if it is made prior to the issuance of 
a final order of removal, but the absence of 
a timely revocation shall not be the basis 
for any continuance or delay of pro-
ceedings. Any determination to deny relief 
based in whole or in part on a revocation 
that is not made, or not timely made, shall 
not be subject to administrative or judicial 
review in any forum. 
‘‘(E) FORMS
REQUIREMENT.—The Sec-
retary of Homeland Security shall ensure that 
the consequences under this paragraph of fail-
ing to provide information or evidence with re-
spect to aggravated felonies are clearly ex-
plained in any form promulgated by the Sec-
retary of Homeland Security that may be used 
to apply for relief under paragraph (2) or (3). 
‘‘(F) CONSTRUCTION.—This paragraph, 
and paragraphs (2) and (3), shall not be con-
strued to require the Secretary of Homeland 
Security to notify any agency under subpara-
graph (A). If the Secretary of Homeland Secu-
rity fails to send, or fails timely to send, the no-
tification described in such subparagraph, the 
alien shall be deemed not to be the subject of 
a certification. 
‘‘(8) CLARIFICATION WITH RESPECT TO CER-
TAIN
REFERENCES.—Any reference in this sub-
section to a term of imprisonment or a sentence with 
respect to an offense is deemed to include the period 
of incarceration or confinement ordered by a court 
of law, regardless of any suspension of the imposi-
tion or execution of that imprisonment or sentence 
in whole or in part. However, a period of probation 
is not a term of imprisonment or a sentence for pur-
poses of this subsection. 
‘‘(9) LIMITATION ON DELEGATION.—Cancella-
tion of removal under paragraph (2), (3), (4), or (5) 
may be granted only by the Secretary of Homeland 
Security or Deputy Secretary of Homeland Security. 
No delegation of such authority to any other official 
may be made.’’. 
SEC. 3. CHANGE IN CONDITIONS FOR TERMINATION OF PE-
RIOD OF CONTINUOUS RESIDENCE OR CON-
TINUOUS PHYSICAL PRESENCE. 
Section 240A(d)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1229b(d)(1)) is amended to read as 
follows:
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—
For purposes of this section, any period of contin-
uous residence or continuous physical presence in 
the United States shall be deemed to end, except in 
the case of an alien who applies for cancellation of 
removal under subsection (b)(2), when the alien is 
served a notice to appear under section 239(a).’’. 
SEC. 4. 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) by striking the comma at the end of each 
of clauses (i), (ii), (iii), and (iv) and inserting a 
semicolon at the end of each such clause; 
(2) by amending clause (v) to read as follows: 
‘‘(v) has committed outside the United States 
an offense identified in section 212(a)(2), unless, 
since such offense, the alien has been granted relief 
under section 212(h) or 240A(a), or under section 
212(c) (before its repeal by section 304(b) of the Il-
legal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (110 Stat. 3009–597));’’; 
(3) by redesignating clause (vi) as clause (vii); 
and
(4) by inserting after clause (v) the following: 
‘‘(vi) has committed in the United States an of-
fense identified in section 212(a)(2), and has been 
absent from the United States for a continuous pe-
riod in excess of 30 days since committing such of-
fense (or, if the absence after the 30th day was be-
yond the alien’s control, for a continuous period in 
excess of 60 days), unless, since such offense, the 
alien has been granted relief under section 212(h) or 
240A(a), or under section 212(c) (before its repeal 
by section 304(b) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (110 
Stat. 3009–597)); or’’. 
SEC. 5. RELEASE OF NONDANGEROUS ALIENS. 
(a) IN GENERAL.—Section 236(c)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1226(c)(2)) is amend-
ed to read as follows: 
‘‘(2) RELEASE.—
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may release an alien de-
scribed in paragraph (1) only in accordance 
with subparagraph (B) or (C). A decision relat-
ing to release under this paragraph shall take 
place in accordance with a procedure that con-
siders the severity of any offense committed by 
the alien. 
‘‘(B) PROTECTION
FOR
WITNESSES, PO-
TENTIAL
WITNESSES, AND
PERSONS
COOPER-
ATING WITH CRIMINAL INVESTIGATIONS.—The 
Secretary of Homeland Security may release an 
alien described in paragraph (1) if—
‘‘(i) the Secretary of Homeland Secu-
rity decides pursuant to section 3521 of 
title 18, United States Code, that release 
of the alien from custody is necessary to 
provide protection to a witness, a potential 
witness, a person cooperating with an in-
vestigation into major criminal activity, or 
an immediate family member or close asso-
ciate of a witness, potential witness, or 
person cooperating with such an investiga-
tion; and 
‘‘(ii) the alien satisfies the Secretary 
of Homeland Security that the alien will 
not pose a danger to the national security 
of the United States or the safety of per-
sons or property and is likely to appear for 
any scheduled proceeding.
‘‘(C) PERMANENT RESIDENT ALIENS ELI-
GIBLE FOR CANCELLATION OF REMOVAL.—The 
Secretary of Homeland Security may release an 
alien described in paragraph (1) if the alien 
demonstrates, by a preponderance of the evi-
dence, that the alien—
‘‘(i) has prima facie evidence suffi-
cient to establish that the alien is eligible 
for cancellation of removal under section 
240A(a); and 
‘‘(ii) will not pose a danger to the na-
tional security of the United States or the 
safety of persons or property and is likely 
to appear for any scheduled proceeding.’’. 
(b) APPLICATION TO ALIENS DETAINED ON EFFEC-
TIVE DATE.—In the case of an alien detained under sec-
tion 241(a)(2) of the Immigration and Nationality Act (8 
U.S.C. 1231(a)(2)) on the date of the enactment of this 
Act, if the alien has prima facie evidence sufficient to es-
tablish that the alien is eligible for cancellation of removal 
under section 240A(a) of such Act (8 U.S.C. 1229b(a)), 
as amended by section 2 of this Act (and subject to the 
other amendments made by this Act), the alien may seek 
release from detention under section 236(c)(2)(C) of such 
Act (8 U.S.C. 1226(c)(2)(C)), as added by this section.
SEC. 6. CLARIFICATION OF EFFECT OF VACATION OF CON-
VICTION. 
Section 101(a)(48) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(48)) is amended by adding 
at the end the following: 
‘‘(C) Any conviction entered by a court that otherwise 
would be considered a conviction under this paragraph 
shall continue to be so considered notwithstanding a vaca-
tion of that conviction, unless the conviction is vacated—
‘‘(i) on the merits; or 
‘‘(ii) on grounds relating to a violation of a 
statutory or constitutional right in the underlying 
criminal proceeding.’’. 
SEC. 7. EFFECTIVE DATE; SPECIAL APPLICABILITY RULE. 
(a) IN GENERAL.—The amendments made by this 
Act shall take effect on the date of the enactment of this 
Act and shall apply to aliens who—
(1) are in removal proceedings under the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.) 
on or after such date; 
(2) were in such proceedings before such date, 
were ineligible for cancellation of removal under sec-
tion 240A(a) of such Act (8 U.S.C. 1229b(a)) before 
such date, but would have been eligible for cancella-
tion of removal under such section if the amend-
ments made by this Act had been in effect during 
the entire pendency of such proceedings; or 
(3) were in exclusion or deportation proceedings 
under such Act before such date, and were ineligible 
for relief under section 212(c) of such Act (as in ef-
fect on March 31, 1997, before its repeal by section 
304(b) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (110 Stat. 3009–
597)) by reason of the amendments made by section 
440(d) of the Antiterrorism and Effective Death 
Penalty Act of 1996 (Public Law 104–132; 110 
Stat. 1277). 
(b) SPECIAL APPLICABILITY RULE.—
(1) IN GENERAL.—Notwithstanding any other 
provision of law, aliens described in subsection (a)(3) 
shall be considered to be, or to have been, in removal 
proceedings under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) to the extent necessary 
to permit them to apply, and be considered eligible, 
for cancellation of removal under section 240A(a) of 
such Act (8 U.S.C. 1229b(a)), as amended by this 
Act. 
(2) RELIEF.—If the Secretary of Homeland Se-
curity determines that an alien described in sub-
section (a)(3) should be provided relief pursuant to
this Act, the Secretary of Homeland Security shall 
take such steps as may be necessary to terminate 
any proceedings to exclude or deport the alien that 
may be pending, and shall grant or restore to the 
alien the status of an alien lawfully admitted to the 
United States for permanent residence. 
SEC. 8. MOTIONS TO REOPEN. 
(a) IN GENERAL.—Not later than 1 year after the 
effective date of the final regulations issued under section 
9(b) of this Act, and in accordance with such regulations, 
an alien described in subsection (b) may file a motion to 
reopen removal, deportation, or exclusion proceedings in 
order to apply for cancellation of removal under section 
240A(a) of the Immigration and Nationality Act (8 U.S.C. 
1229b(a)) pursuant to the amendments made by this Act. 
(b) ALIENS DESCRIBED.—An alien is described in 
this subsection if the alien—
(1) is described in subsection (a) of section 7; 
and 
(2) is otherwise unable to apply, or reapply, for 
cancellation of removal under section 240A(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(a)) by reason of the procedural posture of the 
exclusion, deportation, or removal proceedings that
are, or were, pending against the alien (including the 
fact that such proceedings are finally concluded). 
(c) EVIDENCE.—A motion filed under subsection (a) 
shall describe or set forth prima facie evidence sufficient 
to establish that the alien is eligible for cancellation of re-
moval under section 240A(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1229b(a)), as amended by this Act. 
(d) NO REENTRY
OR READMISSION
TO FILE
OR 
PROSECUTE MOTION.—No alien may be admitted or oth-
erwise authorized to enter the United States solely to file 
or prosecute a motion to reopen under this section or oth-
erwise to apply for relief under this Act or the amend-
ments made by this Act, except as the Secretary of Home-
land Security may provide pursuant to the sole and 
unreviewable discretion of the Secretary of Homeland Se-
curity. Hearings held pursuant to this Act and the amend-
ments made by this Act may be held in the United States 
or abroad, with the alien appearing in person or by video 
phone or similar device. 
(e) DISCRETION.—The grant or denial of any motion 
to reopen filed under this section shall be in the sole and 
unreviewable discretion of the Secretary of Homeland Se-
curity. 
(f) NO JUDICIAL REVIEW.—No court shall have ju-
risdiction to review any decision of the Secretary of Home-
land Security denying a motion to reopen under this sec-
tion. 
SEC. 9. RULES. 
(a) ISSUANCE OF ADVANCE NOTICE OF PROPOSED 
RULEMAKING.—The Secretary of Homeland Security shall 
issue an advance notice of proposed rulemaking pertaining 
to this Act, and the amendments made by this Act, not 
later than 60 days after the date of the enactment of this 
Act. 
(b) ISSUANCE OF FINAL REGULATIONS.—The Sec-
retary of Homeland Security shall issue the final regula-
tions to carry out this Act not later than 90 days after 
the date of the enactment of this Act, specifying an effec-
tive date that is not more than 15 days after the date 
of publication of such final regulations. 
SEC. 10. SUNSET. 
This Act, and the amendments made by this Act, 
shall cease to have effect on December 31, 2008, or 3 
years after the date on which final regulations to carry 
out this Act are issued, whichever occurs later. 
SEC. 11. ANNUAL REPORT. 
The Secretary of Homeland Security annually shall 
submit to the Committee on the Judiciary of the United 
States House of Representatives and the Committee on 
the Judiciary of the Senate a report with respect to this
Act and the amendments made by this Act. The report 
shall contain information on—
(1) the number of aliens who applied for can-
cellation of removal, release from detention, or any 
other immigration benefit, based on this Act or the 
amendments made by this Act; 
(2) the crimes committed by the aliens de-
scribed in paragraph (1); 
(3) the number of applications described in 
paragraph (1) that were granted; and 
(4) any other subject the Secretary of Home-
land Security considers relevant.
Æ