Sec. 517. Aggravated felonies
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/bill/115/s/1757/pcs/section-517·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Paragraph
(43)of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ), as amended by section 508, is further amended— in subparagraph (A), by striking sexual abuse of a minor; and inserting any conviction for a sex offense, including an offense described in sections 2241 and 2243 of Title 18, United States Code, or an offense where the alien abused or was involved in the abuse of any individual under the age of 18 years, or in which the victim is in fact under the age of 18 years, regardless of the reason and extent of the act, the sentence imposed, or the elements in the offense that are required for conviction; ; in subparagraph (F), by striking at least one year and inserting is at least one year, except that if the conviction records do not conclusively establish whether a crime constitutes a crime of violence or an offense under Federal, State, or Tribal law, that has, as an element, the use or attempted use of physical force or the threatened use of physical force or a deadly weapon, the Attorney General or Secretary of Homeland Security may consider other evidence related to the conviction, including but not limited to police reports and witness statements, that clearly establishes that the conduct for which the alien was engaged constitutes a crime of violence or an offense under Federal, State, or Tribal law, that has, as an element, the use or attempted use of physical force or the threatened use of physical force or a deadly weapon; ; by striking subparagraph
(G)and inserting the following: a theft offense under State or Federal law (including theft by deceit, theft by fraud, and receipt of stolen property) or burglary offense under State or Federal law for which the term of imprisonment is at least one year, except that if the conviction records do not conclusively establish whether a crime constitutes a theft or burglary offense, the Attorney General or Secretary of Homeland Security may consider other evidence related to the conviction, including but not limited to police reports and witness statements, that clearly establishes that the conduct for which the alien was engaged constitutes a theft or burglary offense; ; in subparagraph (I), by striking or 2252 and inserting 2252, or 2252A ; in subparagraph (N), by striking paragraph (1)(A) or
(2)of and inserting a semicolon at the end; in subparagraph (O), by striking section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph; and inserting section 275 or 276 for which the term of imprisonment is at least 1 year; ; in subparagraph
(P)by striking
(i)which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and
(ii)and inserting which is described in the first paragraph of section 1541, 1542, 1543, 1544, 1546(a), or 1547 of ; chapter 75 of title 18, United States Code, and in subparagraph (U), by striking an attempt or conspiracy to commit an offense described in this paragraph and inserting an attempt to commit, conspiracy to commit, or facilitation of an offense described in this paragraph, or aiding, abetting, procuring, commanding, inducing, or soliciting the commission of such an offense ; and by striking the undesignated material at end of the paragraph and inserting The term applies to an offense described in this paragraph, whether in violation of Federal or State law, or a law of a foreign country, for which the term of imprisonment was completed within the previous 20 years, and even if the length of the term of imprisonment for the offense is based on recidivist or other enhancements. Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conviction was entered before, on, or after September 30, 1996. . Section 101(a)(48) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(48) ) is amended by adding at the end the following: Any reversal, vacatur, expungement, or modification of a conviction, sentence, or conviction that was granted to ameliorate the consequences of the conviction, sentence, or conviction, or was granted for rehabilitative purposes shall have no effect on the immigration consequences resulting from the original conviction. The alien shall have the burden of demonstrating that any reversal, vacatur, expungement, or modification, including modification to any sentence for an offense, was not granted to ameliorate the consequences of the conviction, sentence, or conviction record, or for rehabilitative purposes. . The amendments made by this section shall— take effect on the date of the enactment of this Act; and apply to any act that occurred before, on, or after such date of enactment.
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Sec. 517
Aggravated felonies
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