Sec. 1622. Terrorist bar to good moral character
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Section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) ), as amended by sections 1510(e) and 1512, is further amended— in paragraph (8), by inserting , regardless of whether the crime was classified as an aggravated felony at the time of conviction before the semicolon at the end; by inserting after paragraph (10), as added by section 1510(e)(3), the following: one who the Secretary or the Attorney General determines, in the unreviewable discretion of the Secretary or the Attorney General, to have been an alien described in section 212(a)(3) or 237(a)(4), which determination— may be based upon any relevant information or evidence, including classified, sensitive, or national security information; and shall be binding upon any court regardless of the applicable standard of review. ; and in the undesignated matter at the end, by striking the first sentence and inserting following:
The fact that a person is not within any of the foregoing classes shall not preclude a discretionary finding for other reasons that such a person is or was not of good moral character. The Secretary or the Attorney General shall not be limited to the applicant’s conduct during the period for which good moral character is required, but may take into consideration as a basis for determination the applicant's conduct and acts at any time. The Secretary or the Attorney General, in the unreviewable discretion of the Secretary or the Attorney General, may determine that paragraph
(8)shall not apply to a single aggravated felony conviction (other than murder, manslaughter, homicide, rape, or any sex offense when the victim of such sex offense was a minor) for which completion of the term of imprisonment or the sentence (whichever is later) occurred 15 years or longer before the date on which the person filed an application under this Act. . Section 509(b) of the Immigration Act of 1990 ( Public Law 101–649 ; 8 U.S.C. 1101 note) is amended by striking convictions and all that follows and inserting convictions occurring before, on, or after such date. .
(a)The amendments made by subsection
(a)shall take effect on the date of the enactment of this Act, shall apply to any act that occurred before, on, or after such date of enactment, and shall apply to any application for naturalization or any other benefit or relief, or any other case or matter under the immigration laws pending on or filed after such date of enactment.
(b)The amendment made by subsection
(b)shall take effect as if included in the enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ).
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- Pub. L. 101-649
- Pub. L. 108-458
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Sec. 1622
Terrorist bar to good moral character
Pub. L.Pub. L. 101-649
Pub. L.Pub. L. 108-458
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