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H.R. 2302 (105th): Immigration Technical Revisions Act of 1997


The text of the bill below is as of Jul 30, 1997 (Introduced). The bill was not enacted into law.


HR 2302 IH

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 Representatives 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 Immigration and Nationality Act is amended--

      (1) in the first sentence, by striking ‘this section’ 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 effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility act of 1996),’; and

      (3) by striking the last sentence in the subsection and inserting in lieu thereof ‘The previous sentence shall apply only to removal cases commenced on or after April 1, 1997, including cases where the Attorney General exercises authority pursuant to paragraph (2) or (3) of section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009).’.

    (b) Section 309, subsection (c), of the Illegal Immigration 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 paragraph (3) as paragraph (4);

      (3) in subsection (d), paragraph (1), by striking ‘this section.’ and inserting in lieu thereof ‘subsections (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 covered by the settlement agreement in american 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 benefits pursuant to the ABC settlement agreement on or before October 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 December 31, 1991; or

‘(cc) the spouse or unmarried son or daughter of an alien described in (aa) who entered the United States on or before September 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, Guatemalan, or Salvadoran who filed an application for asylum with the Immigration and Naturalization Service before April 1, 1990, and the Immigration 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 paragraph (3) of section 212(a) of the Act; and

          ‘(iii) the alien--

            ‘(I) is removable under any law of the United States except the provisions specified in subclause (II) of this clause, has been physically present in the United States for a continuous period of not less than seven years immediately 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 person whose removal would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or

            ‘(II) is removable under paragraph (2) (other than section 237(a)(2)(A)(iii)) of section 237(a), paragraph (3) of section 237(a), or paragraph (2) of section 212(a), has been physically present in the United States for a continuous period of not less than 10 years immediately following the commission of an act, or the assumption of a status, constituting a ground for deportation, and proves that during all of such period he has been and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or to his spouse, parent or child, who is a citizen of the United States, or an alien lawfully admitted for permanent residence.

        ‘(B) Subsection (d) of this section shall not apply to determinations under this paragraph, 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 demonstrates that the absence from the United States was brief, casual, and innocent, and did not meaningfully interrupt the continuous physical 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 suspension of deportation or cancellation of removal as a result of the amendments made by section 2, may, notwithstanding 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 deportation or cancellation of removal. The Attorney General shall designate a specific time period in which all such motions 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.