Sec. 302. Definitions
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/bill/118/hr/2374/ih/section-302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. However, any such adjudication or judgment of guilt that has been dismissed, expunged, sealed, deferred, annulled, invalidated, withheld, or vacated by any court or entity shall not be considered a conviction for purposes of this Act. Any such adjudication or judgment of guilt where a court has issued a judicial recommendation against removal shall not be considered a conviction for purposes of this Act. Any disposition that is an order of probation without entry of judgment or any similar disposition, or where the President of the United States, the governor of a State or territory, or any body authorized by a state legislature or governor has issued a pardon, shall not be considered a conviction for purposes of this Act. Any such adjudication or judgment on direct appeal or within the time to file direct appeal shall not be considered 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 include any term of imprisonment or any sentence that has been subject to any suspension of imposition or execution in whole or in part, or that has been commuted or in any way modified or changed by the President of the United States, the governor of a State or territory, or any body authorized by a State legislature or governor to commute, modify, or in any way change a sentence. . 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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