[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 836 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 836

To amend the Immigration and Nationality Act to restore the avenues for 
   relief from removal that existed for aliens lawfully admitted for 
 permanent residence prior to the enactment of the Illegal Immigration 
            Reform and Immigrant Responsibility Act of 1996.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2003

  Mr. Pastor introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to restore the avenues for 
   relief from removal that existed for aliens lawfully admitted for 
 permanent residence prior to the enactment of the Illegal Immigration 
            Reform and Immigrant Responsibility Act of 1996.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RESTORATION OF SECTION 212(C).

    (a) In General.--Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182) is amended by inserting 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 consecutive years, may be admitted in 
the discretion of the Secretary of Homeland Security without regard to 
the provisions of subsection (a) (other than paragraphs (3) and 
(10)(C)). Nothing contained in this subsection shall limit the 
authority of the Secretary 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) Cancellation of Removal.--Section 240A(a) of the Immigration 
and Nationality Act (8 U.S.C. 1229b(a)) is amended to read as follows:
    ``(a) Cancellation of Removal for Certain Permanent Residents.--The 
Secretary of Homeland Security may cancel removal in the case of an 
alien who is inadmissible or deportable from the United States if--
            ``(1) 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 continuously 
                for 7 years after having been admitted in any status; 
                and
                    ``(C) has not been convicted of any aggravated 
                felony; or
            ``(2) the alien would be admissible to the United States 
        under section 212(c) if the alien had temporarily proceeded 
        abroad voluntarily.''.

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 
Secretary of Homeland Security shall establish a process (whether 
through permitting the reopening of a removal proceeding or otherwise) 
under which an alien--
            (1) who is (or was) in removal proceedings before 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 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 this Act.
    (b) Parole.--The Secretary of Homeland Security should exercise 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 subsection (a).
                                 <all>