Sec. 1516. Prohibition on asylum and cancellation of removal for terrorists
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Section 208(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2)(A) ), as amended by section 1511 and 1512, is further amended— by inserting or the Secretary after if the Attorney General ; and by amending clause
(v)to read as follows: the alien is described in subparagraph (B)(i) or
(F)of section 212(a)(3), unless, in the case of an alien described in section 212(a)(3)(B)(i)(IX), the Secretary or the Attorney General determines, in his or her sole and unreviewable discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or . Section 240A(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(c)(4) ) is amended— by striking inadmissible under and inserting described in ; and by striking deportable under and inserting described in . Section 241(b)(3)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3)(A) ) is amended— by inserting or the Secretary after Attorney General both places that term appears; by striking Notwithstanding and inserting the following: Notwithstanding ; and by adding at the end the following: The alien has the burden of proof to establish that the alien’s life or freedom would be threatened in such country, and that race, religion, nationality, membership in a particular social group, or political opinion would be at least 1 central reason for such threat. . Section 241(b)(3)(B) of such Act ( 8 U.S.C. 1231(b)(3)(B) ) is amended— by inserting or the Secretary after Attorney General both places that term appears; in clause (iii), striking or at the end; in clause (iv), striking the period at the end and inserting a semicolon; inserting after clause
(iv)the following: the alien is described in subparagraph (B)(i) or
(F)of section 212(a)(3)(B), unless, in the case of an alien described in section 212(a)(3)(B)(i)(IX), the Secretary or the Attorney General determines, in his or her sole and unreviewable discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or the alien is convicted of an aggravated felony. ; and by striking the undesignated matter at the end. Section 241(b)(3)(C) of such Act ( 8 U.S.C. 1231(b)(3)(C) ) is amended by striking In determining whether an alien has demonstrated that the alien’s life or freedom would be threatened for a reason described in subparagraph (A), and inserting For purposes of this paragraph, . The amendments made by paragraphs
(1)and
(2)shall take effect as if enacted on May 11, 2005, and shall apply to applications for withholding of removal made on or after such date. Except as provided in subsection (c)(4), the amendments made by this section shall take effect on the date of the enactment of this Act and sections 208(b)(2)(A), 240A(c), and 241(b)(3) of the Immigration and Nationality Act, as amended by this section, shall apply to— all aliens in removal, deportation, or exclusion proceedings; all applications pending on, or filed after, the date of the enactment of this Act; and with respect to aliens and applications described in paragraph
(1)or (2), acts and conditions constituting a ground for exclusion, deportation, or removal occurring or existing before, on, or after the date of the enactment of this Act.
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Sec. 1516
Prohibition on asylum and cancellation of removal for terrorists
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