S.Amdt. 1918
What it does: 8 changes: replaces text in 6 places, strikes text, inserts text
Sen. John Cornyn (R-TX)What it changes
8 changes to S. 1639 · 2 shown in the bill's text
Change 1: Replaces the period on page 604, line 12 with “with the Secretary not later than 30 days after the date of the decision. The filing of a…”
ReplacesPrinted page…
[struck: .][inserted: with the Secretary not later than 30 days after the date of the decision. The filing of a motion to reopen or reconsider does not toll the time for filing an administrative appeal under paragraph (2).]Original wording
On page 604, line 12, strike the period and insert “with the Secretary not later than 30 days after the date of the decision. The filing of a motion to reopen or reconsider does not toll the time for filing an administrative appeal under paragraph (2).”.
Change 2: Strikes “or the mailing thereof, whichever occurs later in time”
In S. 1639 · Placed on Calendar Senate
(b) Removal of Aliens Who Have Been Denied Status Under This Title.--
(1) Self-initiated removal.--Any alien who receives a denial under subsection (a) may request, not later than 30 calendar days after the date of the denial
[struck: or the mailing thereof, whichever occurs later in time, ][inserted: , ]that the Secretary place the alien in removal proceedings. The Secretary shall place the alien in removal proceedings to which the alien would otherwise be subject, unless the alien is subject to an administratively final order of removal, provided that no court shall have jurisdiction to review the timing of the Secretary's initiation of such proceedings. If the alien is subject to an administratively final order of removal, the alien may seek review of the denial under this section pursuant to subsection 242(h) as though the order of removal had been entered on the date of the denial, provided that the court shall not review the order of removal except as otherwise provided by law.(2) Aliens who are determined to be ineligible due to criminal convictions.--
Original wording
On page 604, lines 20 and 21, strike “or the mailing thereof, whichever occurs later in time”.
Change 3: Replaces “The Secretary” through page 605, line 9 with “Except as provided under paragraph (2), the Secretary shall place the alien in removal pr…”
[struck: The Secretary …][inserted: Except as provided under paragraph (2), the Secretary shall place the alien in removal proceedings to which the alien would otherwise be subject, unless the alien is subject to an administratively final order of removal (including a removal order that has not been executed or is subject to reinstatement pursuant to section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(5)). No court shall have jurisdiction to review the timing of the Secretary's initiation of such proceedings or review the order of removal, except as otherwise provided by law. If the alien failed to file a timely petition for review of an administratively final order of removal, as required under section 242(b) of such Act, no court shall have jurisdiction to review the final order of removal and an alien may only seek review of the denial under section 601(h), termination under section 601(o), or revocation under section 601(p), pursuant to section 242(h) of the Immigration and Nationality Act (8 U.S.C. 1252(h)).]Original wording
On page 604, line 22, strike “The Secretary” and all that follows through page 605, line 9, and insert the following: “Except as provided under paragraph (2), the Secretary shall place the alien in removal proceedings to which the alien would otherwise be subject, unless the alien is subject to an administratively final order of removal (including a removal order that has not been executed or is subject to reinstatement pursuant to section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(5)). No court shall have jurisdiction to review the timing of the Secretary's initiation of such proceedings or review the order of removal, except as otherwise provided by law. If the alien failed to file a timely petition for review of an administratively final order of removal, as required under section 242(b) of such Act, no court shall have jurisdiction to review the final order of removal and an alien may only seek review of the denial under section 601(h), termination under section 601(o), or revocation under section 601(p), pursuant to section 242(h) of the Immigration and Nationality Act (8 U.S.C. 1252(h)).”.
Change 4: Replaces “may” with “shall”
[struck: may][inserted: shall]Original wording
On page 605, line 20, strike “may” and insert “shall”.
Change 5: Replaces “clauses (1)(F) (i), (iii), or (iv) of subsection [CITE: 601(d)] of [this Act] may” with “clause (i), (iii), or (iv) of section 601(d)(1)(F) shall”
In S. 1639 · Placed on Calendar Senate
(A) Aggravated felons.--Notwithstanding any other provision of this Act, an alien whose application for status under this title has been denied or whose status has been terminated or revoked by the Secretary under clause (1)(F)(ii) of subsection 601(d) of [this Act] because the alien has been convicted of an aggravated felony, as defined in paragraph 101(a)(43) of the INA, may be placed forthwith in proceedings pursuant to section 238(b) of the INA.
(B) Other criminals.--Notwithstanding any other provision of this Act, any other alien whose application for status under this title has been denied or whose status has been terminated or revoked by the Secretary under
[struck: clauses][inserted: clause] ([struck: 1)(F) (]i), (iii), or (iv) of[struck: subsection [CITE: ][inserted: section ]601(d)[struck: ] of [this Act] may ][inserted: (1)(F) shall ]be placed forthwith in removal proceedings under section 240 of the INA.(C) Final denial, termination or rescission.--The Secretary's denial, termination, or rescission of the status of any alien described in clauses (i) and (ii) of this subparagraph shall be final for purposes of subparagraph 242(h)(3)(C) of the INA and shall represent the exhaustion of all review procedures for purposes of subsections 601(h) (relating to treatment of applicants) and 601(o) (relating to termination of proceedings) of this Act, notwithstanding paragraph (a)(2) of this section.
Original wording
On page 606, lines 2 through 4, strike “clauses (1)(F) (i), (iii), or (iv) of subsection [CITE: 601(d)] of [this Act] may” and insert “clause (i), (iii), or (iv) of section 601(d)(1)(F) shall”.
Change 6: Rewrites page 606, lines 7–17
ReplacesPrinted pageRemoves page 606, lines 7–17 of the printed bill. See that page
Inserted: (C) Final denial, termination, or revocation.--Notwithstanding subsection (a)(2), the Secretary's denial, termination, or revocation of the status of any alien described in subparagraph (A) or (B) may be reviewed only in removal proceedings initiated pursuant to this paragraph and shall represent the required exhaustion of all review procedures for purposes of seeking judicial review under section 242(h)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1252(h)(3)(C)) of a denial under section 601(h), a termination under section 601(o), or a revocation under section 601(p).
Original wording
On page 606, strike lines 7 through 17 and insert the following:
Change 7: Replaces the period on page 606, line 21 with “with the Attorney General not later than 90 days after the date of a final decision under…”
ReplacesPrinted page…
[struck: .][inserted: with the Attorney General not later than 90 days after the date of a final decision under paragraph (2)(C). The filing of a motion to reopen or reconsider with the Attorney General does not toll the time for filing a petition for review of a final removal order under section 242(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(1)).]Original wording
On page 606, line 21, strike the period and insert “with the Attorney General not later than 90 days after the date of a final decision under paragraph (2)(C). The filing of a motion to reopen or reconsider with the Attorney General does not toll the time for filing a petition for review of a final removal order under section 242(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(1)).”.
Change 8: Inserts “within 2 years after the date of such denial, termination, or revocation, and only” after “only”
…only[inserted: within 2 years after the date of such denial, termination, or revocation, and only]…
Original wording
On page 608, line 3, insert “within 2 years after the date of such denial, termination, or revocation, and only” after “only”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1918. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 604, line 12, strike the period and insert “with the Secretary not later than 30 days after the date of the decision. The filing of a motion to reopen or reconsider does not toll the time for filing an administrative appeal under paragraph (2).”.
On page 604, lines 20 and 21, strike “or the mailing thereof, whichever occurs later in time”.
On page 604, line 22, strike “The Secretary” and all that follows through page 605, line 9, and insert the following: “Except as provided under paragraph (2), the Secretary shall place the alien in removal proceedings to which the alien would otherwise be subject, unless the alien is subject to an administratively final order of removal (including a removal order that has not been executed or is subject to reinstatement pursuant to section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(5)). No court shall have jurisdiction to review the timing of the Secretary's initiation of such proceedings or review the order of removal, except as otherwise provided by law. If the alien failed to file a timely petition for review of an administratively final order of removal, as required under section 242(b) of such Act, no court shall have jurisdiction to review the final order of removal and an alien may only seek review of the denial under section 601(h), termination under section 601(o), or revocation under section 601(p), pursuant to section 242(h) of the Immigration and Nationality Act (8 U.S.C. 1252(h)).”.
On page 605, line 20, strike “may” and insert “shall”.
On page 606, lines 2 through 4, strike “clauses (1)(F) (i), (iii), or (iv) of subsection [CITE: 601(d)] of [this Act] may” and insert “clause (i), (iii), or (iv) of section 601(d)(1)(F) shall”.
On page 606, strike lines 7 through 17 and insert the following:
(C) Final denial, termination, or revocation.--Notwithstanding subsection (a)(2), the Secretary's denial, termination, or revocation of the status of any alien described in subparagraph (A) or (B) may be reviewed only in removal proceedings initiated pursuant to this paragraph and shall represent the required exhaustion of all review procedures for purposes of seeking judicial review under section 242(h)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1252(h)(3)(C)) of a denial under section 601(h), a termination under section 601(o), or a revocation under section 601(p).
On page 606, line 21, strike the period and insert “with the Attorney General not later than 90 days after the date of a final decision under paragraph (2)(C). The filing of a motion to reopen or reconsider with the Attorney General does not toll the time for filing a petition for review of a final removal order under section 242(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(1)).”.
On page 608, line 3, insert “within 2 years after the date of such denial, termination, or revocation, and only” after “only”.
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Senate amendment submitted
June 26, 2007