I
106TH CONGRESS
1ST SESSION
H. R. 1485
To permit certain long-term permanent resident aliens to seek cancellation
of removal or waiver of inadmissibility under the Immigration and Na-
tionality Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 20, 1999
Mr. FRANK of Massachusetts (for himself, Mr. FROST, Mr. DIAZ-BALART, Mr.
BENTSEN, Mr. DELAHUNT, Mr. DEUTSCH, Mr. FILNER, Mr. GONZALEZ,
Mr. GREEN of Texas, Mr. GUTIERREZ, Mr. HALL of Texas, Mr.
LAMPSON, Ms. LEE, Mr. HINCHEY, Mr. HINOJOSA, Ms. JACKSON-LEE
of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. MALONEY of
New York, Mr. MARTINEZ, Mr. MCGOVERN, Mrs. MEEK of Florida, Mr.
MENENDEZ, Mrs. MORELLA, Mr. ORTIZ, Mr. PASTOR, Mr. REYES, Mr.
RODRIGUEZ, Ms. ROS-LEHTINEN, Ms. ROYBAL-ALLARD, Mr. SHAYS, and
Mr. WYNN) introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A BILL
To permit certain long-term permanent resident aliens to
seek cancellation of removal or waiver of inadmissibility
under the Immigration and Nationality Act, and for
other purposes.
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 1999’’.
SEC. 2. LIMITING THE DISQUALIFICATION, BASED ON COM-
MISSION OF AN AGGRAVATED FELONY, FROM
CANCELLATION OF REMOVAL FOR CERTAIN
LONG-TERM PERMANENT RESIDENT ALIENS.
(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 AGGRAVATED FELONY.—
For purposes of this subsection (and any other de-
termination under this Act made solely with respect
to an alien whose removal is canceled under this
subsection)—
‘‘(A) subparagraphs (F) and (G) of section
101(a)(43) shall be applied as if the amend-
ment in section 321(a)(3) of the Illegal Immi-
gration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104–208; 110 Stat.
3009–627) had not been made; and
‘‘(B) section 101(a)(43)(N) shall be ap-
plied by striking ‘‘spouse,’’ through ‘‘indi-
vidual)’’ and inserting ‘‘immediate family’’.
‘‘(4) 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.
‘‘(5) PERIOD OF CONTINUOUS RESIDENCE.—
‘‘(A) SUSPENSION OF PERIOD.—For pur-
poses of this subsection and subsection (d)(1)
(and any other determination under this Act
made solely with respect to an alien whose re-
moval is canceled under this subsection), sec-
tion 237(a)(2)(A)(i)(II) shall be applied by
striking ‘may be’ and inserting ‘is’.
‘‘(B) CONTINUATION
OF
PERIOD
UPON
SATISFACTION OF CONDITIONS.—
‘‘(i) CONTINUATION.—
‘‘(I) IN GENERAL.—In the case
of an alien otherwise eligible for can-
cellation of removal under this sub-
section, any period of continuous resi-
dence that is deemed to end under
subsection (d)(1) upon the commis-
sion of an offense described in clause
(ii) shall be deemed, for purposes of
this subsection, to continue upon the
occurrence of the latest of the fol-
lowing events (to the extent applicable
to the offense):
‘‘(aa) The completion of any
term of imprisonment imposed
for the offense.
‘‘(bb) The commencement of
any term of probation imposed
for the offense (but only to the
extent such probation is com-
pleted without a probation viola-
tion).
‘‘(cc) The payment of any
fine imposed for the offense.
‘‘(II) 
NO
BREAK
IN
RESI-
DENCE.—Such termination and re-
commencement shall not be construed
to cause a break in the continuity of
residence, which shall be calculated
taking into account any period before
such termination and any period after
such recommencement.
‘‘(ii) OFFENSES DESCRIBED.—An of-
fense described in this clause is—
‘‘(I) any aggravated felony that
is not described in paragraph (1)(C);
or
‘‘(II) any other crime that ren-
ders the alien removable from the
United States under subparagraph
(A) or (B) of section 237(a)(2) (in-
cluding subparagraph (A)(i) of such
section, as modified by subparagraph
(A) of this paragraph).
‘‘(6) 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.
‘‘(7) 
JUDICIAL
REVIEW.—Notwithstanding
paragraph (2) of section 242(a), a judgment regard-
ing the granting or denial of relief under this sub-
section shall be subject to judicial review under sec-
tion 242 (and the provisions of such paragraph (2)
shall not apply).’’.
(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).
(c) APPLICATION FOR RELIEF.—
(1) 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 Attorney General shall establish a process
(whether through permitting the reopening of a re-
moval proceeding or otherwise) under which an alien
who—
(A) 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
(B) has become eligible for cancellation of
removal as a result of the amendment made by
subsection (a);
may apply (or reapply) for cancellation of removal
and release from detention under section 240A(a) of
the Immigration and Nationality Act, as amended by
such subsection.
(2) PAROLE.—The Attorney General should ex-
ercise 
the 
parole 
authority 
under 
section
212(d)(5)(A) of the Immigration 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 para-
graph (1).
SEC. 3. APPLICATION FOR DISCRETIONARY WAIVER OF IN-
ADMISSIBILITY FOR CERTAIN LONG-TERM
PERMANENT RESIDENT ALIENS.
(a) IN GENERAL.—The Attorney General shall estab-
lish a process (whether through permitting the reopening
of a proceeding described in subsection (b) or otherwise)
under which an alien described in subsection (b) may re-
quest the Attorney General to exercise the discretion
granted under section 212(c) of the Immigration and Na-
tionality Act (as in effect on March 31, 1997, before its
repeal by section 304(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (110 Stat.
3009–597)) as if—
(1) such section 212(c) had been amended—
(A) by striking ‘‘(c)’’ and inserting
‘‘(c)(1)’’;
(B) in the first sentence—
(i) by inserting ‘‘for not less than 5
years’’ after ‘‘lawfully admitted for perma-
nent residence’’; and
(ii) by striking ‘‘who are returning to
a lawful unrelinquished domicile of seven
consecutive year’’ and inserting ‘‘who have
resided in the United States continuously
for 7 years after having been admitted in
any status’’; and
(C) by striking the last sentence and add-
ing at the end the following:
‘‘(2) Paragraph (1) shall not apply to an alien who
has been convicted of—
‘‘(A) 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
‘‘(B) in the case of sentencing imposed under a
system of indeterminate sentencing (as defined in
section 20101 of the Violent Crime Control and Law
Enforcement 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 felony 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) the amendment in section 321(a)(3) of the
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (110 Stat. 3009–627) to sub-
paragraphs (F) and (G) of section 101(a)(43) of the
ed to the Attorney General under section 212(c) of
the Immigration and Nationality Act (as in effect
before the enactment of section 440(d) of the
Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104–132; 110 Stat. 1277)) but
for the amendments made by—
(A) such section 440(d);
(B) paragraphs (3) and (8) of section
321(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 to sub-
paragraphs (F), (G), and (N) of section
101(a)(43) of the Immigration and Nationality
Act; and
(C) section 322 of the Illegal Immigration
Reform and Immigrant Responsibility Act of
1996 (to the extent such section added section
101(a)(48)(B) to the Immigration and Nation-
ality Act);
(2) with respect to which the Attorney General
has not elected to proceed under paragraph (2) of
section 309(c) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C.
1101 note); and
(3) which has not been terminated under para-
graph (3) of such section 309(c).
(c) NO DANGER TO PERSONS OR PROPERTY.—In the
case of an alien convicted of an aggravated felony involv-
ing violence, the Attorney General may exercise the discre-
tion described in subsection (a) only after making a writ-
ten determination that the action poses no danger to the
safety of persons or property.
(d) JUDICIAL REVIEW.—A judgment regarding the
granting or denial of relief under this section shall be sub-
ject to judicial review in accordance with section 106 of
the Immigration and Nationality Act (as in effect on April
23, 1996), notwithstanding section 242 of the Immigra-
tion and Nationality Act, section 440(a) of the
Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104–132; 110 Stat. 1277), sections 306 and
309(c)(4) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (Public Law 104–208;
110 Stat. 3009–607 et seq.), or any other provision of
law limiting judicial review of a discretionary decision
under section 212(c) of the Immigration and Nationality
Act (as in effect before its repeal).
(e) 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 deported from the
United States to participate in the process established
under subsection (a).
SEC. 4. CANCELLATION OF REMOVAL OR WAIVER OF INAD-
MISSIBILITY FOR CERTAIN OTHER LONG-
TERM PERMANENT RESIDENT ALIENS FOR
URGENT HUMANITARIAN REASONS OR SIG-
NIFICANT PUBLIC BENEFIT.
(a) CANCELLATION OF REMOVAL.—
(1) IN GENERAL.—Section 240A of the Immi-
gration and Nationality Act (8 U.S.C. 1229b), as
amended by section 2, is further amended by adding
at the end the following:
‘‘(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) (or, in some cases, the requirements in
subparagraphs (B) and (C) of subsection (a)(1)), 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) 
APPLICATION
OF
PROVISIONS.—Para-
graphs (3) through (7) of subsection (a) shall apply
to a determination of whether an alien satisfies the
requirements of paragraph (1) of this subsection in
the same manner as such paragraphs apply to a de-
termination under subsection (a).’’.
(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).
(3) APPLICATION FOR RELIEF.—
(A) IN
GENERAL.—Notwithstanding sec-
tion 240(c)(6) of the Immigration and Nation-
ality Act (8 U.S.C. 1229a(c)(6)) or any other
limitation imposed by law on motions to reopen
removal proceedings, the Attorney General shall
establish a process (whether through permitting
the reopening of a removal proceeding or other-
wise) under which an alien who—
(i) is (or was) in removal proceedings
before the date of the enactment of this
Act (whether or not the alien has been re-
moved as of such date); and
(ii) has become eligible for cancella-
tion of removal as a result of the amend-
ment made by paragraph (1);
may apply for cancellation of removal and re-
lease from detention under section 240A(f) of
the Immigration and Nationality Act, as added
by such paragraph.
(B) 
PAROLE.—The 
Attorney 
General
should exercise the parole authority under sec-
tion 212(d)(5)(A) of the Immigration and Na-
tionality 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 es-
tablished under subparagraph (A).
(b) WAIVER OF INADMISSIBILITY.—In the case of an
alien otherwise eligible for the relief provided under sec-
tion 3, except that the alien has been convicted of an ag-
gravated felony or felonies referred to in the amendment
described in section 3(a)(1)(C)—