Sec. 4301. Elimination of time limits on asylum applications
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/bill/117/hr/1177/ih/section-4301·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— in subparagraph (A), by inserting or the Secretary after Attorney General each place it appears; by striking subparagraphs
(B)and (D); by redesignating subparagraph
(C)as subparagraph (B); in subparagraph (B), as redesignated, by striking subparagraph
(D)and inserting subparagraphs
(C)and
(D); and by inserting after subparagraph (B), as redesignated, the following: Notwithstanding subparagraph (B), an application for asylum of a noncitizen may be considered if the noncitizen demonstrates, to the satisfaction of the Attorney General or the Secretary, the existence of changed circumstances that materially affect the noncitizen’s eligibility for asylum. Notwithstanding subparagraph
(B)of section 240(c)(7), during the 2-year period beginning on the date of the enactment of this Act, a noncitizen may file a motion to reopen an asylum claim or a motion to reopen removal proceedings to reapply for asylum as relief from removal if the noncitizen— was denied asylum based solely on a failure to meet the 1-year application filing deadline in effect on the date on which the application was filed; was granted withholding of removal to the noncitizen’s country of nationality (or, in the case of a person having no nationality, to the country of last habitual residence) under section 241(b)(3); has not obtained lawful permanent residence in the United States pursuant to any other provision of law; is not subject to the safe third country exception under subparagraph
(A)or to a bar to asylum under subsection (b)(2); and was not denied asylum as a matter of discretion. .
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Sec. 4301
Elimination of time limits on asylum applications
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