Page:United States Statutes at Large Volume 110 Part 4.djvu/790

 110 STAT. 3009 -627 PUBLIC LAW 104-208—SEPT. 30, 1996 date of the enactment of this Act), or any offense covered by section 241(a)(2)(A)(ii) of such Act (as in effect on such date) for which both predicate offenses are, without regard to their date of commission, otherwise covered by section 241(a)(2)(A)(i) of such Act (as so in effect). (5) TRANSITIONAL RULE WITH REGARD TO SUSPENSION OF DEPORTATION. —Paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationahty Act (relating to continuous residence or physical presence) shall apply to notices to appear issued before, on, or after the date of the enactment of this Act. (6) TRANSITION FOR CERTAIN FAMILY UNITY ALIENS. —The Attorney General may waive the application of section 212(a)(9) of the Immigration and Nationality Act, as inserted by section 301(b)(1) of this division, in the case of an alien who is provided benejfits under the provisions of section 301 of the Immigration Act of 1990 (relating to family unity). (7) LIMITATION ON SUSPENSION OF DEPORTATION.— The Attorney General may not suspend the deportation and adjust the status under section 244 of the Immigration and Nationality Act of more than 4,000 aliens in any fiscal year (beginning after the date of the enactment of this Act). The previous sentence shall apply regardless of when an alien applied for such suspension and adjustment. (d) TRANSITIONAL REFERENCES.— For purposes of carrying out the Immigration and Nationality Act, as amended by this subtitle— (1) any reference in section 212(a)(1)(A) of such Act to the term "inadmissible" is deemed to include a reference to the term "excludable", and (2) any reference in law to an order of removal shall be deemed to include a reference to an order of exclusion and deportation or an order of deportation. (e) TRANSITION.—No period of time before the date of the enactment of this Act shall be included in the period of 1 year described in section 212(a)(6)(B)(i) of the Immigration and Nationality Act (as amended by section 301(c) of this division). Subtitle B—Criminal Alien Provisions SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY. (a) IN GENERAL. —Section 101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section 441(e) of the Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 104-132), is amended— (1) in subparagraph (A), by inserting ", rape, or sexual abuse of a minor" after "murder"; (2) in subparagraph (D), by striking "$100,000" and inserting "$10,000 "; (3) in subparagraphs (F), (G), (N), and (P), by striking "is at least 5 years" each place it appears and inserting "at least one year"; (4) in subparagraph (J), by striking "sentence of 5 years' imprisonment" and inserting "sentence of one year imprisonment"; (5) in subparagraph (K)(ii), by inserting "if committed" before "for commercial advantage"; (6) in subparagraph (L)—

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