H.R.2585 - Family Reunification Act of 2003108th Congress (2003-2004)
Summary: H.R.2585 — 108th Congress (2003-2004)
Family Reunification Act of 2003 - Amends the Immigration and Nationality Act to set forth the conditions under which the Secretary of Homeland Security 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. Sets forth related residency and criminal act provisions. Prohibits cancellation of removal for conviction of an act of murder, rape, or sexual abuse of a minor.
Introduced in House (06/24/2003)
Authorizes: (1) the Secretary 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.
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.)
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.
Authorizes the Secretary 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.
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.
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 Secretary'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 Secretary's discretion; and (2) judicial review of such determinations.
Sunsets this Act on the later of December 31, 2006, or three years after issuance of final regulations.