Home > 106th Congressional Bills > H.R. 2586 (ih) To amend title 38, United States Code, to increase the amount of [Introduced in House] ...

H.R. 2586 (ih) To amend title 38, United States Code, to increase the amount of [Introduced in House] ...


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108th CONGRESS
  1st Session
                                H. R. 2585

  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

                             June 24, 2003

 Mr. Frank of Massachusetts (for himself, Mr. Cannon, Mr. Filner, and 
  Mr. Frost) 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 2003''.

SEC. 2. CANCELLATION OF REMOVAL FOR LONG-TERM PERMANENT RESIDENT 
              ALIENS.

    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) Permanent residents not convicted of any aggravated 
        felony.--The Secretary of Homeland Security may cancel removal 
        in the case of an alien who is inadmissible to, 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) resided in the United States continuously for 
                7 years after having been admitted in any status; and
                    ``(C) has not been convicted of any aggravated 
                felony.
            ``(2) Permanent residents convicted of a nonviolent 
        aggravated felony.--The Secretary of Homeland Security may 
        cancel removal in the case of an alien who is inadmissible to, 
        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) satisfies the residence requirements of 
                paragraph (6);
                    ``(C) has never been convicted of--
                            ``(i) an act of murder, rape, or sexual 
                        abuse of a minor;
                            ``(ii) any crime of violence (as defined in 
                        section 16 of title 18, United States Code); or
                            ``(iii) an attempt or conspiracy to commit 
                        an offense described in clause (i) or (ii);
                    ``(D) has been convicted of--
                            ``(i) a single aggravated felony for which 
                        the alien was sentenced to serve a term of 
                        imprisonment of 4 years or less;
                            ``(ii) multiple aggravated felonies arising 
                        out of a single scheme of criminal misconduct 
                        for which the alien was sentenced to serve, in 
                        the aggregate, a term of imprisonment of 4 
                        years or less; or
                            ``(iii) 2 aggravated felonies arising out 
                        of separate schemes of criminal misconduct for 
                        which the alien was sentenced to serve, in the 
                        aggregate, a term of imprisonment of 4 years or 
                        less, but for neither of which the alien was 
                        actually incarcerated;
                    ``(E) was not, in the commission of the aggravated 
                felony or felonies described in subparagraph (D)--
                            ``(i) an organizer, leader, manager, or 
                        supervisor of others; or
                            ``(ii) engaged in a continuing criminal 
                        enterprise (as defined in section 408(c) of the 
                        Controlled Substances Act (21 U.S.C. 848(c)));
                    ``(F) has never been incarcerated for any offense 
                except--
                            ``(i) the offense described in clause (i) 
                        of subparagraph (D), or another offense that 
                        was committed in the course of the same scheme 
                        of criminal misconduct; or
                            ``(ii) an offense that was committed in the 
                        course of the scheme or schemes described in 
                        clause (ii) or (iii) of such subparagraph; and
                    ``(G) has not been the subject of a timely 
                certification described in paragraph (7) with respect 
                to the aggravated felony or felonies described in 
                subparagraph (D), unless such certification has been 
                revoked pursuant to such paragraph.
            ``(3) Permanent residents convicted of an aggravated felony 
        classified as a crime of violence.--The Secretary of Homeland 
        Security may cancel removal in the case of an alien who is 
        inadmissible to, 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) satisfies the residence requirements of 
                paragraph (6);
                    ``(C) has never been convicted of--
                            ``(i) an act of murder, rape, or sexual 
                        abuse of a minor; or
                            ``(ii) an attempt or conspiracy to commit 
                        an offense described in clause (i);
                    ``(D) has never been convicted of any aggravated 
                felony that resulted in death or serious bodily injury 
                to any person other than the alien;
                    ``(E) has been convicted of--
                            ``(i) a single aggravated felony for which 
                        the alien was sentenced to serve a term of 
                        imprisonment of 2 years or less;
                            ``(ii) multiple aggravated felonies arising 
                        out of a single scheme of criminal misconduct 
                        for which the alien was sentenced to serve, in 
                        the aggregate, a term of imprisonment of 2 
                        years or less; or
                            ``(iii) 2 aggravated felonies arising out 
                        of separate schemes of criminal misconduct for 
                        which the alien was sentenced to serve, in the 
                        aggregate, a term of imprisonment of 2 years or 
                        less, but for neither of which the alien was 
                        actually incarcerated;
                    ``(F) was not, in the commission of the aggravated 
                felony or felonies described in subparagraph (E)--
                            ``(i) an organizer, leader, manager, or 
                        supervisor of others; or
                            ``(ii) engaged in a continuing criminal 
                        enterprise (as defined in section 408(c) of the 
                        Controlled Substances Act (21 U.S.C. 848(c)));
                    ``(G) has never been incarcerated for any offense 
                except--
                            ``(i) the offense described in clause (i) 
                        of subparagraph (E), or another offense that 
                        was committed in the course of the same scheme 
                        of criminal misconduct; or
                            ``(ii) an offense that was committed in the 
                        course of the scheme or schemes described in 
                        clause (ii) or (iii) of such subparagraph; and
                    ``(H) has not been the subject of a timely 
                certification described in paragraph (7) with respect 
                to the aggravated felony or felonies described in 
                subparagraph (E), unless such certification has been 
                revoked pursuant to such paragraph.
            ``(4) Permanent residents admitted before age 10.--The 
        Secretary of Homeland Security may cancel removal in the case 
        of an alien who is inadmissible to, 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) resided in the United States continuously for 
                7 years after having been admitted in any status when 
                the alien was under 10 years of age;
                    ``(C) has never been convicted of--
                            ``(i) an act of murder, rape, or sexual 
                        abuse of a minor; or
                            ``(ii) an attempt or conspiracy to commit 
                        an offense described in clause (i); and
                    ``(D) has never been incarcerated for a third (or 
                succeeding) aggravated felony, except that multiple 
                felonies arising out of a single scheme of criminal 
                misconduct shall be considered a single felony for 
                purposes of this subparagraph.
            ``(5) Permanent residents admitted before age 16.--The 
        Secretary of Homeland Security may cancel removal in the case 
        of an alien who is inadmissible to, 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) resided in the United States continuously for 
                7 years--
                            ``(i) before the alien committed any 
                        aggravated felony; and
                            ``(ii) after having been admitted in any 
                        status when the alien was under 16 years of 
                        age;
                    ``(C) has never been convicted of--
                            ``(i) an act of murder, rape, or sexual 
                        abuse of a minor; or
                            ``(ii) an attempt or conspiracy to commit 
                        an offense described in clause (i); and
                    ``(D) has never been incarcerated for a third (or 
                succeeding) aggravated felony, except that multiple 
                felonies arising out of a single scheme of criminal 
                misconduct shall be considered a single felony for 
                purposes of this subparagraph.
            ``(6) Residence requirements for certain aliens.--In the 
        case of an alien seeking relief under paragraph (2) or (3), the 
        residence requirements described in this paragraph are as 
        follows:
                    ``(A) If the alien has been convicted of any 
                aggravated felony committed after the date of the 
                enactment of the Family Reunification Act of 2003, the 
                alien is required to have resided in the United 
                States--
                            ``(i) continuously for 7 years after having 
                        been admitted in any status and prior to the 
                        commission of such aggravated felony; or
                            ``(ii) continuously for 10 years after 
                        having been admitted in any status, except 
                        that, if the alien is incarcerated with respect 
                        to such aggravated felony, the period beginning 
                        on the date on which such aggravated felony was 
                        committed and ending on the last day of such 
                        term of incarceration shall be excluded in 
                        determining continuous residence under this 
                        clause.
                    ``(B) If the alien has not been convicted of an 
                aggravated felony committed after the date of the 
                enactment of the Family Reunification Act of 2003, but 
                has otherwise been incarcerated for any aggravated 
                felony, the alien is required to have resided in the 
                United States--
                            ``(i) continuously for 7 years after having 
                        been admitted in any status and prior to the 
                        commencement of such term of incarceration; or
                            ``(ii) continuously for 10 years after 
                        having been admitted in any status, except that 
                        any term of incarceration for any aggravated 
                        felony shall be excluded in determining 
                        continuous residence under this clause.
                    ``(C) If the alien is not described in subparagraph 
                (A) or (B), the alien is required to have resided in 
                the United States continuously for 7 years after having 
                been admitted in any status.
            ``(7) Certifications.--
                    ``(A) In general.--In the case of an alien seeking 
                relief under paragraph (2) or (3), not later than 2 
                weeks after the alien files an application for such 
                relief, the Secretary of Homeland Security may notify 
                each agency that prosecuted an aggravated felony 
                referred to in paragraph (2)(D) or (3)(E), as the case 
                may be.
                    ``(B) Contents.--The notification shall inform the 
                agency that it has an opportunity--
                            ``(i) to certify to the Secretary of 
                        Homeland Security, not later than 60 days after 
                        the date on which the notification is mailed, 
                        that the alien has not truthfully provided to 
                        the agency all information and evidence the 
                        alien has concerning such felony or felonies, 
                        and any other offense or offenses that were 
                        part of the same scheme of criminal misconduct 
                        as such felony or felonies; and
                            ``(ii) on those grounds, to object to 
                        cancellation of removal.
                    ``(C) Provision to alien.--The Secretary of 
                Homeland Security shall mail any certification timely 
                made pursuant to subparagraph (B) with respect to an 
                alien to such alien. The alien shall have an 
                opportunity, during the 21-day period beginning on the 
                date on which the certification is mailed, to 
                truthfully provide to the agency all information and 
                evidence which the agency certifies has not been 
                provided.
                    ``(D) Revocation of certification.--
                            ``(i) In general.--The agency may, during 
                        the 21-day period beginning after the end of 
                        the period described in subparagraph (C), 
                        revoke any certification made pursuant to 
                        subparagraph (B). Any revocation of a 
                        certification shall void such certification.
                            ``(ii) Untimely revocations.--A revocation 
                        under this subparagraph that is not timely made 
                        may be considered by the Secretary of Homeland 
                        Security in the Secretary of Homeland 
                        Security's discretion if it is made prior to 
                        the issuance of a final order of removal, but 
                        the absence of a timely revocation shall not be 
                        the basis for any continuance or delay of 
                        proceedings. Any determination to deny relief 
                        based in whole or in part on a revocation that 
                        is not made, or not timely made, shall not be 
                        subject to administrative or judicial review in 
                        any forum.
                    ``(E) Forms requirement.--The Secretary of Homeland 
                Security shall ensure that the consequences under this 
                paragraph of failing to provide information or evidence 
                with respect to aggravated felonies are clearly 
                explained in any form promulgated by the Secretary of 
                Homeland Security that may be used to apply for relief 

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