Sec. 302. Definitions
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Section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) is amended— in the matter preceding subparagraph (A), by striking means— and inserting means a felony, for which a term of imprisonment of not less than 5 years was imposed, that is— ; in subparagraph (F), by striking for which the term of imprisonment at least one year ; in subparagraph (G), by striking for which and all that follows through year ; in subparagraph (J), by striking , for which a sentence of one year imprisonment or more may be imposed ; in subparagraph (P)— by striking
(i); and by striking and
(ii)for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 12 months ; in subparagraph (R), by striking for which the term of imprisonment is at least one year ; in subparagraph (S), by striking , for which the term of imprisonment is at least one year ; and by striking the last sentence. Section 101(a)(48) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(48) ) is amended— in subparagraph (A), by striking court and all that follows through to be imposed. and inserting the following: court. An adjudication or judgment of guilt that has been dismissed, expunged, sealed, deferred, annulled, invalidated, withheld, or vacated, or where a court has issued a judicial recommendation against removal, or an order of probation without entry of judgment or any similar disposition, shall not be considered a conviction for purposes of this Act. No judgment on appeal or within the time to file direct appeal shall be deemed a ; and conviction for the purposes of this Act. in subparagraph (B)— by inserting only after deemed to include ; and by striking or confinement and all that follows through the period at the end and inserting ordered by a court of law. Any such reference shall not be deemed to include any suspension of the imposition or execution of that imprisonment or sentence in whole or in part. . Section 208(b)(2)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2)(B)(i) ) is amended to read as follows: For purposes of clause
(ii)of subparagraph (A), section 241(b)(3)(B), or any other provision of this Act, only an alien who has been convicted of an aggravated felony for which a term of imprisonment of not less than five years was imposed shall be considered to have been convicted of a particularly serious crime. . The amendments made by this section shall apply to— admissions and conduct occurring before, on, or after the date of the enactment of this Act; and convictions and sentences entered before, on, or after the date of the enactment of this Act.
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