[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4069 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4069

                    For the relief of Rrustem Neza.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2007

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

_______________________________________________________________________

                                 A BILL


 
                    For the relief of Rrustem Neza.

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

SECTION 1. AUTHORIZATION TO REMAIN TEMPORARILY IN THE UNITED STATES FOR 
              RRUSTEM NEZA.

    (a) In General.--The Secretary of Homeland Security shall refrain 
from removing or deporting Rrustem Neza from the United States, and 
shall permit him to remain temporarily in the United States, 
notwithstanding sections 212(a) and 237(a) of the Immigration and 
Nationality Act.
    (b) Application to Previously Known Grounds.--The stay of removal 
or deportation under subsection (a) shall apply only to a ground for 
removal, deportation, or denial of admission that is reflected in the 
records of the Department of Homeland Security, or the Visa Office of 
the Department of State, on the date of the enactment of this Act.
    (c) Duration of Stay.--The stay of removal or deportation under 
subsection (a) shall be effective during the period beginning on the 
date of the enactment of this Act and ending on the date that is 30 
days after a final decision is rendered on the application described in 
subsection (d)(4), including all administrative and judicial review 
authorized by law, if such an application is filed during the 
application period described in subsection (d)(5). If no such 
application is timely filed, the effective period of such stay of 
removal or deportation shall end 30 days after the end of such 
application period.
    (d) Relief.--
            (1) Reopening of proceedings.--The Board of Immigration 
        Appeals shall reopen proceedings pursuant to section 240 of the 
        Immigration and Nationality Act against Rrustem Neza based on 
        ineffective assistance of counsel upon a motion filed by 
        Rrustem Neza not later than 6 months after the date of the 
        enactment of this Act.
            (2) Rescission of outstanding order of removal.--The Board 
        of Immigration Appeals shall rescind any order of removal, or 
        any finding of inadmissibility or deportability, that was 
        entered against Rrustem Neza by reason of a ground described in 
        subsection (b) before the date of the enactment of this Act.
            (3) Opportunity to present claims.--The Board of 
        Immigration Appeals shall ensure that Rrustem Neza is provided 
        the opportunity described in paragraph (4).
            (4) Presentation of claims.--Rrustem Neza shall be provided 
        a full opportunity after the date of the enactment of this Act 
        to apply to an immigration judge for asylum, withholding of 
        removal, or relief under the United Nations Convention Against 
        Torture. Rrustem Neza shall have all rights to administrative 
        and judicial review of any decision of the immigration judge 
        authorized by law.
            (5) Application period.--The immigration judge shall 
        establish a reasonable application period within which Rrustem 
        Neza may apply for relief pursuant to paragraph (4).
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