S.Amdt. 1435

1. 1

   Change 1: Adds SEC. ___. DEFINITIONS OF CONVICTION AND TERM OF IMPRISONMENT wherever appropriate

   Adds a section

   Inserted: SEC. ___. DEFINITIONS OF CONVICTION AND TERM OF IMPRISONMENT.

   Inserted: (a) In General.--Section 101(a)(48) (8 U.S.C. 1101(a)(48)(A)) is amended--

   Inserted: (1) by striking subparagraph (A) and inserting the following:

   Inserted: "(A) The term 'conviction' means, with respect to an alien, a formal judgment of guilt of the alien entered by a court. An adjudication or judgment of guilt that has been expunged, deferred, annulled, invalidated, withheld, or vacated, an order of probation without entry of judgment, or any similar disposition shall not be considered a conviction for purposes of this Act."; and

   Inserted: (2) in subparagraph (B)--

   Inserted: (A) by inserting "only" after "deemed to include"; and

   Inserted: (B) by striking "court of law" and all that follows and inserting "court of law. Any such reference shall not be deemed to include any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.".

   Inserted: (b) Effective Date and Application.--

   Inserted: (1) Effective date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.

   Inserted: (2) Application.--The amendments made by subsection (a) shall apply to convictions and sentences entered before, on, or after the date of the enactment of this Act.

   Inserted: SEC. ___. RETROACTIVE APPLICATION.

   Inserted: (a) Grounds of Deportability.--Section 237 (8 U.S.C. 1227) is amended by adding at the end the following

   Show 3 more inserted paragraphsShow less

   Inserted: "(e) Date of Offense.--Notwithstanding any other provision of this section, an alien is not deportable by reason of committing any offense that was not a ground of deportability on the date on which the offense occurred.".

   Inserted: (b) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182), as amended by sections 2312(d), 2313(b), and 4211(a)(3), is further amended by adding at the end the following:

   Inserted: "(y) Date of Offense.--Notwithstanding any other provision of this section, an alien is not inadmissible by reason of committing any offense that was not a ground of inadmissibility on the date on which the offense occurred.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

2. 2

   Change 2: Inserts new text on page 1494, between lines 17 and 18

   InsertsPrinted page

   Inserted: (d) Execution of Order of Removal.--Section 240(b)(5)(C) (8 U.S.C. 1229a(b)(5)(C)) is amended to read as follows:

   Inserted: "(C) Execution of order.--

   Inserted: "(i) In general.--An order of removal under subparagraph (A) may be executed only after an immigration judge makes findings, by clear and convincing evidence, that--

   Inserted: "(I) the alien's failure to appear was not because of exceptional circumstances;

   Inserted: "(II) the alien received notice in accordance with paragraph (1) or (2) of section 239(a);

   Inserted: "(III) the alien was not in Federal, State, or local custody; and

   Inserted: "(IV) failure to appear was not otherwise due to circumstances beyond the alien's control.

   Inserted: "(ii) Notice.--Before the immigration judge enters the findings set forth in clause (i), the alien or the alien's representative shall be given notice and an opportunity to make oral and written submissions regarding the applicability of subclauses (I) through (IV) of clause (i).

   Inserted: "(iii) Order of removal in absentia.--If the judge enters the findings set forth in clause (i), the judge may enter an order in absentia under this paragraph.

   Inserted: "(iv) Motion to rescind proceedings permitted.--Findings set forth in clause (i) shall not bar the subsequent filing of a motion to rescind, including a motion filed at any time based on evidence that the alien's failure to appear was due to a lack of notice in accordance with paragraph (1) or (2) of section 239(a).

   Inserted: "(v) Reopen proceedings required.--If the immigration judge does not enter findings, by clear and convincing evidence, that subclauses (I) through (IV) of clause (i) have been satisfied, the judge shall reopen the proceedings.

   Inserted: "(vi) Findings required before removal.--No alien may be removed pursuant to the authority of an in absentia removal order described in clause (iii) before the immigration judge issues the findings set forth in clause (i).".

   Original wording

   On page 1494, between lines 17 and 18, insert the following:

3. 3

   Change 3: Rewrites page 1566, lines 7–19

   ReplacesPrinted page

   Removes page 1566, lines 7–19 of the printed bill. See that page

   Inserted: (a) Inadmissibility.--Section 212(a)(2)(A) (8 U.S.C. 1182(a)(2)(A)) is amended--

   Inserted: (1) in clause (i)--

   Inserted: (A) in subclause (I), by striking ", or" at the end and inserting a semicolon;

   Inserted: (B) in subclause (II), by striking the comma at the end and inserting "; or"; and

   Inserted: (C) by inserting after subclause (II) the following:

   Inserted: "(III) a violation of section 1541, 1545, and subsection (b) of section 1546 of title 18, United States Code,"; and

   Inserted: (2) in clause (ii)--

   Inserted: (A) in the matter preceding subclause (I), by striking "(I)";

   Inserted: (B) in subclause (I), by striking "when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime)"; and

   Inserted: (C) by amending subclause (II) to read as follows:

   Inserted: "(II) the crime resulted in a conviction for which the alien was incarcerated for a period of 1 year or less.".

   Inserted: (b) Removal.--Section 237(a) (8 U.S.C. 1227(a)) is amended--

   Show 3 more inserted paragraphsShow less

   Inserted: (1) in paragraph (2)(A), by amending clause (i) to read as follows:

   Inserted: "(i) Crimes of moral turpitude.--Any alien who is convicted of a crime involving moral turpitude committed within 5 years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j)) after the date of admission for which the alien was incarcerated for a period exceeding 1 year, is deportable."; and

   Inserted: (2) in paragraph (3)(B), by amending clause (iii) to read as follows:

   Original wording

   On page 1566, strike lines 7 through 19, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed