Sec. 701. Reconsidering and reopening immigration cases
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Notwithstanding any other provision of law, the Attorney General— shall grant a motion to reconsider or reopen proceedings pursuant to paragraph
(6)or
(7)of section 240(c) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c) ) with respect to any alien who— on or after April 24, 1996— was ordered removed, deported, or excluded; or departed the United States pursuant to a grant of voluntary departure under section 240B of the Immigration and Nationality Act ( 8 U.S.C. 1229c ) (regardless of whether or not the alien was ordered removed, deported, or excluded); and demonstrates that the alien— would not have been considered inadmissible, excludable, or deportable under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )) if this Act, and the amendments made by this Act, had been in effect on the date on which such order was issued or the voluntary departure took place; or would have been eligible to apply for relief from removal, deportation, or exclusion under such laws if this Act, and the amendments made by this Act, had been in effect on the date on which such order was issued or the voluntary departure took place; and shall deem an alien who makes the demonstration under paragraph (1)(B) as not having been removed, deported, excluded, or departed, and as not having failed to depart under a voluntary departure order, for all purposes under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). The Attorney General may not reject or deny a motion to reconsider or reopen under subsection
(a)because— the alien did not include a copy of any previously filed application for relief; or the alien had previously filed a motion to reopen or reconsider. The deadline described in paragraphs (6)(B) and (7)(C)(i) of section 240(c) of the Immigrations and Nationality Act ( 8 U.S.C. 1229a(c) ) shall not apply to a motion to reopen or reconsider under this section. The Secretary of Homeland Security shall provide transportation for aliens eligible for reopening or reconsideration of their proceedings under this section, at Government expense, to return to the United States for further immigration proceedings and shall admit or parole the alien into the United States. For the purpose of applications filed subsequent to reopening under this section pursuant to section 240A of the Immigration and Nationality Act ( 8 U.S.C. 1229b ), or any other application for relief under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )), removal, deportation, exclusion, or voluntary departure shall not be considered to toll any physical presence requirement. Notwithstanding any other provision of the Immigration and National Act ( 8 U.S.C. 1101 et seq.), any denial of a motion to reopen or reconsider submitted pursuant to this section is subject to de novo judicial review in a Federal district court having jurisdiction over the applicant’s residence or, in the case of an applicant who was removed from the United States, the last known residential address of the applicant in the United States.
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Sec. 701
Reconsidering and reopening immigration cases
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