Page:United States Statutes at Large Volume 114 Part 5.djvu/366

 114 STAT. 2763A-326 PUBLIC LAW 106-554—APPENDIX D (2) the alien is described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)). (e) APPLICATION OF DEFINITIONS. — Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. SEC. 1505. MISCELLANEOUS AMENDMENTS TO VARIOUS ADJUSTMENT AND RELIEF ACTS. (A) NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT.— (1) IN GENERAL.—Section 202(a) of the Nicaraguan Adjustment and Central American Relief Act is amended— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: "(2) RULES IN APPLYING CERTAIN PROVISIONS.— In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section— "(A) the provisions of section 241(a)(5) of the Immigration and Nationality Act shall not apply; and "(B) the Attorney General may grant the alien a waiver on the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act. In granting waivers under subparagraph (B), the Attorney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9).". (2) PERMITTING MOTION TO REOPEN. —Notwithstanding any time and number limitations imposed by law on motions to reopen exclusion, removal, or deportation proceedings (except limitations premised on an alien's conviction of an aggravated felony (as defined by section 101(a) of the Immigration and Nationality Act)), a national of Cuba or Nicaragua who has become eligible for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act as a result of the amendments made by paragraph (1), may file one motion to reopen exclusion, deportation, or removal proceedings to apply for such adjustment under that Act. The scope of any proceeding reopened on this basis shall be limited to a determination of the alien's eligibility for adjustment of status under that Act. All such motions shall be filed within 180 days of the date of the enactment of this Act. (b) HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.— (1) INAPPLICABILITY OF CERTAIN PROVISIONS.— Section 902(a) of the Haitian Refugee Immigration Fairness Act of 1998 is amended— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: "(2) INAPPLICABILITY OF CERTAIN PROVISIONS.— In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section— "(A) the provisions of section 241(a)(5) of the Immigration and Nationality Act shall not apply; and

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