Page:United States Statutes at Large Volume 114 Part 2.djvu/792

 114 STAT. 1528 PUBLIC LAW 106-386~OCT. 28, 2000 8 USC 1101 note. 8 USC 1229a note. 8 USC 1229a note. (A) by striking the subparagraph heading and inserting the following: "(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEM- PORARY PROTECTION FROM DEPORTATION AND FOR BATTERED SPOUSES AND CHILDREN. —"; and (B) in clause (i)— (i) in subclause (IV), by striking "or" at the end; (ii) in subclause (V), by striking the period at the end and inserting "; or"; and (iii) by adding at the end the following: "(VI) is an alien who was issued an order to show cause or was in deportation proceedings before April 1, 1997, and who applied for suspension of deportation under section 244(a)(3) of the Immigration and Nationality Act (as in effect before the date of the enactment of this Act).". (4) EFFECTIVE DATE.— The amendments made by paragraph (3) shall take effect as if included in the enactment of section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note). (c) ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN REMOVAL AND DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE.— (1) REMOVAL PROCEEDINGS. — (A) IN GENERAL.— Section 240(c)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by adding at the end the following: "(iv) SPECIAL RULE FOR BATTERED SPOUSES AND CHILDREN.—The deadline specified in subsection (b)(5)(C) for filing a motion to reopen does not apply— "(I) if the basis for the motion is to apply for relief under clause (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B), or section 240A(b)(2); "(II) if the motion is accompanied by a cancellation of removal application to be filed with the Attorney General or by a copy of the self- petition that has been or will be filed with the Immigration and Naturalization Service upon the granting of the motion to reopen; and "(III) if the motion to reopen is filed within 1 year of the entry of the final order of removal, except that the Attorney General may, in the Attorney General's discretion, waive this time limitation in the case of an alien who demonstrates extraordinary circumstances or extreme hardship to the alien's child.". (B) EFFECTIVE DATE.— The amendment made by subparagraph (A) shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1229- 1229c). (2) DEPORTATION PROCEEDINGS.— (A) IN GENERAL. — Notwithstanding any limitation imposed by law on motions to reopen or rescind deportation proceedings under the Immigration and Nationality Act (as in effect before the title III-A effective date in section

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