Family Reunification Act of 2002

Family Reunification Act of 2002 - (Sec. 2) Amends the Immigration and Nationality Act to set forth the conditions under which the Attorney General may cancel the removal of a permanent resident alien who is inadmissible to, or deportable from, the United States, if the alien: (1) has not been convicted of any aggravated felony; (2) has been convicted of a nonviolent aggravated felony; (3) has been convicted of an aggravated violent felony; (4) was admitted to the United States before age ten; and (5) was admitted to the United States before the age of 16. Prohibits cancellation of removal for conviction of an act of murder, rape, or sexual abuse of a minor.

Authorizes: (1) the Attorney General to notify the agency that prosecuted an alien that such alien is seeking cancellation of removal; and (2) the agency to seek to block such action based upon the alien's failure to provide the agency with all relevant criminal information.

(Sec. 3) Terminates the period of continuous residence or physical presence for cancellation of removal purposes when an alien receives a notice to appear for removal proceedings. (Currently such period is deemed to end upon such notice or upon commission of the removable offense.)

(Sec. 4) Permits an alien who has committed a criminal offense to reenter the United States without seeking admission (and thus be subject to removal) if the offense was committed: (1) outside of the United States and the alien received a waiver or cancellation of removal prior to seeking reentry; and (2) within the United States and the alien was absent from the United States for not more than 30 days since the offense, or for more than 60 days if he or she was unable to return within 30 days for reasons beyond his or her control. States that an alien who has committed a criminal offense within the United States and who receives a waiver or cancellation of removal prior to seeking reentry would not be deemed to be an arriving alien.

(Sec. 5) Authorizes the Attorney General to release a criminal alien who proves that he or she: (1) is prima facie eligible for cancellation of removal; and (2) would not pose a danger to the national security or the safety of persons or property, or be a flight risk.

(Sec. 6) States that a criminal conviction remains a conviction for immigration purposes even if vacated, unless the conviction is vacated: (1) on the merits; or (2) on grounds relating to the violation of a statutory or constitutional right in the underlying proceedings.

(Sec. 7) Sets forth effective date and applicability provisions.

(Sec. 8) Permits an alien made eligible for cancellation of removal as a result of the amendments made by this Act to file a motion to reopen to apply for cancellation within one year of the Attorney General's issuance of implementing regulations. Prohibits: (1) an alien from being admitted to enter the United States to file a motion to reopen or to apply for cancellation of removal, except at the Attorney General's discretion; and (2) judicial review of such determinations.

(Sec. 9) Requires the Attorney General to: (1) issue an advanced notice of proposed rulemaking implementing this Act within 60 days of enactment; and (2) issue final implementing regulations within 90 days of enactment, which shall take effect within 15 days of such issuance.

(Sec. 10) Sunsets this Act on the later of December 31, 2005, or three years after issuance of final regulations.

(Sec. 11) Sets forth annual reporting requirements.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1452 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1452

  To amend the Immigration and Nationality Act to permit certain long-
 term permanent resident aliens to seek cancellation of removal under 
                   such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

 Mr. Frank (for himself, Mr. Frost, Mr. Diaz-Balart, Mr. McGovern, Mr. 
 Kennedy of Rhode Island, Ms. Jackson-Lee of Texas, Mr. Baldacci, Mr. 
Capuano, Mr. Delahunt, Mr. Filner, Mr. McDermott, Mrs. Mink of Hawaii, 
    Mr. Rangel, Mr. Rodriguez, Ms. Schakowsky, Mr. George Miller of 
California, and Mr. Langevin) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to permit certain long-
 term permanent resident aliens to seek cancellation of removal under 
                   such Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Reunification Act of 2001''.

SEC. 2. RESTORING ATTORNEY GENERAL'S DISCRETION TO GRANT CANCELLATION 
              OF REMOVAL TO LONG-TERM PERMANENT RESIDENT ALIENS WHEN 
              APPROPRIATE.

    (a) Cancellation of Removal for Certain Permanent Residents.--
Section 240A(a) of the Immigration and Nationality Act (8 U.S.C. 
1229b(a)) is amended to read as follows:
    ``(a) Cancellation of Removal for Certain Permanent Residents.--
            ``(1) In general.--The Attorney General may cancel removal 
        in the case of an alien who is inadmissible or deportable from 
        the United States, if the alien--
                    ``(A) has been an alien lawfully admitted for 
                permanent residence for not less than 5 years;
                    ``(B) has resided in the United States continuously 
                for 7 years after having been admitted in any status; 
                and
                    ``(C) has not been convicted of--
                            ``(i) an aggravated felony or felonies for 
                        which the alien has been sentenced, in the 
                        aggregate, to a term of imprisonment of 5 years 
                        or more; or
                            ``(ii) in the case of sentencing imposed 
                        under a system of indeterminate sentencing (as 
                        defined in section 20101 of the Violent Crime 
                        Control and Law Enforcement Act of 1994 (42 
                        U.S.C. 13701)), an aggravated felony or 
                        felonies for which--
                                    ``(I) the midpoint of the statutory 
                                range of sentence applicable to the 
                                felony or felonies is, in the 
                                aggregate, 5 years or more; or
                                    ``(II) the alien has served, in the 
                                aggregate, a term of imprisonment of 5 
                                years or more.
            ``(2) No danger to persons or property.--In the case of an 
        alien convicted of an aggravated felony involving violence, the 
        Attorney General may exercise the discretion described in 
        paragraph (1) only after making a written determination that 
        the action poses no danger to the safety of persons or 
        property.
            ``(3) Definition of term of imprisonment.--For purposes of 
        this subsection (and any other determination under this Act 
        made solely with respect to an alien whose removal is canceled 
        under this subsection), section 101(a)(48)(B) shall be applied 
        so as to exclude from the time periods defined in the section 
        any period of suspension of the imposition or execution of a 
        term of imprisonment or a sentence in whole or in part.
            ``(4) Release from detention pending decision.--
        Notwithstanding section 236(c)(2), the Attorney General may 
        release an alien applying for cancellation of removal under 
        this subsection, pending a decision on whether the alien is to 
        be removed from the United States, if the alien demonstrates to 
        the satisfaction of the Attorney General that the alien is not 
        a threat to the community and is likely to appear for any 
        scheduled proceeding. A decision relating to such release shall 
        be made in accordance with a procedure that considers the 
        severity of the offense committed by the alien.''.
    (b) Cancellation of Removal for Certain Other Permanent Residents 
for Urgent Humanitarian Reasons or Significant Public Benefit.--Section 
240A of the Immigration and Nationality Act (8 U.S.C. 1229b) is amended 
by adding at the end the following:
    ``(f) Cancellation of Removal for Certain Permanent Residents for 
Urgent Humanitarian Reasons or Significant Public Benefit.--
            ``(1) In general.--In the case of an alien otherwise 
        eligible for cancellation of removal under subsection (a), 
        except that the alien has been convicted of an aggravated 
        felony that renders the alien unable to satisfy the requirement 
        in subsection (a)(1)(C), the Attorney General may cancel 
        removal of the alien under such conditions as the Attorney 
        General may prescribe, but only--
                    ``(A) on a case-by-case basis for urgent 
                humanitarian reasons, significant public benefit 
                (including assuring family unity), or any other 
                sufficiently compelling reason; and
                    ``(B) after making a written determination that the 
                cancellation of removal poses no danger to the safety 
                of persons or property.
            ``(2) Release from detention pending decision.--Subsection 
        (a)(4) shall apply to release of an alien applying for 
        cancellation of removal under this subsection in the same 
        manner as such subsection applies to an alien applying under 
        subsection (a).''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect as if included in the enactment of section 304 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(Public Law 104-208; 110 Stat. 3009-587).

SEC. 3. CHANGE IN CONDITIONS FOR TERMINATION OF PERIOD OF CONTINUOUS 
              RESIDENCE OR CONTINUOUS PHYSICAL PRESENCE.

    (a) In General.--Section 240A(d)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(d)(1)) is amended to read as follows:
            ``(1) Termination of continuous period.--
                    ``(A) In general.--For purposes of this section, 
                any period of continuous residence or continuous 
                physical presence in the United States of an alien 
                shall be deemed to end upon the alien's failure to 
                attend a proceeding under section 240, unless--
                            ``(i) the Attorney General determines not 
                        to seek a removal order in absentia under 
                        section 240(b)(5)(A) based on such failure;
                            ``(ii) any removal order entered in 
                        absentia under such section based on such 
                        failure is rescinded under section 
                        240(b)(5)(C); or
                            ``(iii) the alien demonstrates that--
                                    ``(I) the failure to appear was 
                                inadvertent or due to reasonable cause; 
                                and
                                    ``(II) within a relatively brief 
                                period subsequent to such failure, the 
                                alien presented himself or herself in 
                                person to an immigration officer and 
                                made known the reasons for such 
                                failure.
                    ``(B) Construction.--In a case described in clause 
                (i), (ii), or (iii) of subparagraph (A), the alien's 
                failure to attend the proceeding under section 240 
                shall not be construed to cause a break in the 
                continuity of residence or physical presence.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of section 304 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(Public Law 104-208; 110 Stat. 3009-587).

SEC. 4. RELIEF FOR CERTAIN PERMANENT RESIDENT ALIENS IN EXCLUSION, 
              DEPORTATION, OR REMOVAL PROCEEDINGS.

    (a) In General.--Notwithstanding any other provision of law, 
including section 240A of the Immigration and Nationality Act (8 U.S.C. 
1229b), an alien, whether physically present in the United States or 
not, who was lawfully admitted for permanent residence on April 1, 
1997, and who is or was in exclusion, deportation, or removal 
proceedings on or after such date by reason of having committed a 
criminal offense before such date may--
            (1) request discretionary administrative relief from 
        exclusion, deportation, or removal based on such offense under 
        the provisions of the Immigration and Nationality Act in effect 
        on the date of the commission of such offense and without 
        regard to the provisions of paragraphs (5) and (7) of section 
        309(c) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1101 note); and
            (2) appeal for administrative review of a denial (rendered 
        before, on, or after the date of the enactment of this Act) of 
        discretionary relief from exclusion, deportation, or removal 
        based on such offense under the provisions of the Immigration 
        and Nationality Act in effect on the date of the commission of 
        such offense and without regard to the provisions of paragraphs 
        (5) and (7) of section 309(c) of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note).
    (b) No Danger to Persons or Property.--In the case of an alien 
convicted of an aggravated felony involving violence, the Attorney 
General may reverse under subsection (a) a denial of discretionary 
relief rendered before the date of the enactment of this Act only after 
making a written determination that the action poses no danger to the 
safety of persons or property.

SEC. 5. APPLICATIONS FOR RELIEF.

    (a) Establishment of Application Process.--Notwithstanding section 
240(c)(6) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) 
or any other limitation imposed by law on motions to reopen exclusion, 
deportation, or removal proceedings, the Attorney General shall 
establish a process (whether through permitting the reopening of such a 
proceeding or otherwise) under which an alien, whether physically 
present in the United States or not, who is or was in such a 
proceedings before the date of the enactment of this Act (whether or 
not the alien has been excluded, deported, or removed as of such 
date)--
            (1) may apply (or reapply) for cancellation of removal and 
        release from detention under section 240A of the Immigration 
        and Nationality Act, as amended by sections 2 and 3 of this 
        Act, if the alien has become eligible for cancellation of 
        removal as a result of one or more of the amendments made by 
        such sections; or
            (2) may apply (or reapply) for discretionary relief under 
        section 4 of this Act, if the alien is eligible for such 
        relief.
    (b) Parole.--The Attorney General should exercise the parole 
authority under section 212(d)(5)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens who 
are not physically present in the United States to participate in the 
process established under subsection (a). An alien so paroled shall not 
be treated as paroled into the United States for purposes of section 
201(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(4)).

SEC. 6. PERMITTING CERTAIN PERMANENT RESIDENT ALIENS TO RETURN WITHOUT 
              SEEKING ADMISSION.

    Section 101(a)(13)(C) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(13)(C)) is amended--
            (1) in clause (iv), by adding ``or'' at the end;
            (2) by striking clause (v); and
            (3) by redesignating clause (vi) as clause (v).
                                 <all>