Page:United States Statutes at Large Volume 119.djvu/3082

 119 STAT. 3064

PUBLIC LAW 109–162—JAN. 5, 2006

by section 101(d)(1) of the REAL ID Act of 2005 (division B of Public Law 109–13), is amended— (1) in subparagraph (A), by inserting ‘‘, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv)’’ before the period at the end; and (2) in subparagraph (C)— (A) in the heading of clause (iv), by striking ‘‘SPOUSES AND CHILDREN’’ and inserting ‘‘SPOUSES, CHILDREN, AND PARENTS’’; (B) in the matter before subclause (I) of clause (iv), by striking ‘‘The deadline specified in subsection (b)(5)(C) for filing a motion to reopen does not apply’’ and inserting ‘‘Any limitation under this section on the deadlines for filing such motions shall not apply’’; (C) in clause (iv)(I), by striking ‘‘or section 240A(b)’’ and inserting ‘‘, section 240A(b), or section 244(a)(3) (as in effect on March 31, 1997)’’; (D) by striking ‘‘and’’ at the end of clause (iv)(II); (E) by striking the period at the end of clause (iv)(III) and inserting ‘‘; and’’; and (F) by adding at the end the following: ‘‘(IV) if the alien is physically present in the United States at the time of filing the motion. The filing of a motion to reopen under this clause shall only stay the removal of a qualified alien (as defined in section 431(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.’’. (b) DEPORTATION AND EXCLUSION PROCEEDINGS.—Section 1506(c)(2) of the Violence Against Women Act of 2000 (8 U.S.C. 1229a note) is amended— (1) by striking subparagraph (A) and inserting the following: ‘‘(A)(i) 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 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note))— ‘‘(I) there is no time limit on the filing of a motion to reopen such proceedings, and the deadline specified in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) does not apply— ‘‘(aa) if the basis of the motion is to apply for relief under clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as so in effect) (8 U.S.C. 1254(a)(3)); and ‘‘(bb) if the motion is accompanied by a suspension of deportation application to be filed with the Secretary of Homeland Security or by a copy

VerDate 14-DEC-2004

07:21 Oct 30, 2006

Jkt 039194

PO 00003

Frm 00532

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL003.119

APPS06

PsN: PUBL003

�