Sec. 905. Eliminating unfair retroactive changes in removal rules for persons previously removed
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The Secretary of Homeland Security shall establish a process by which an alien described in subsection
(b)may apply for reopening a proceeding so as to seek relief from exclusion, deportation, or removal under section 212(c) of the Immigration and Nationality Act ( , as such section was in effect prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132), or section 240A of the 8 U.S.C. 1182(c) ) Immigration and Nationality Act ( 8 U.S.C. 1229b ), as amended by this Act. An alien referred to in subsection
(a)is an alien who received a final order of exclusion, deportation, or removal, or a decision on a petition for review or petition for habeas corpus, on or after September 30, 1996, and who was— excluded, deported, or removed from the United States by reason of having committed a criminal offense that was not a basis for removal, exclusion, or deportation on the date on which the offense was committed; excluded, deported, or removed from the United States by reason of having committed a criminal offense that is not a basis for removal, exclusion, or deportation on the date of enactment of this Act; or excluded, deported, or removed from the United States by reason of having committed a criminal offense prior to April 24, 1996, for which there was relief from exclusion, deportation, or removal available prior to such date. The Secretary of Homeland Security may, in the Secretary’s discretion, 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 excluded, deported, or removed from the United States to participate in the process established under subsection (a), if the alien establishes prima facie eligibility for the relief.
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- Pub. L. 104-132
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Sec. 905
Eliminating unfair retroactive changes in removal rules for persons previously removed
Pub. L.Pub. L. 104-132
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