INA: ACT 237 FN 1

FN 1     Former INA section 237 repealed by § 305 of IIRIRA . Former section 241 of the INA was redesignated as section 237 by section 305(a)(2) of IIRIRA and moved accordingly. Several conforming amendments were made to subsection (a) regarding terminology (derivative of deportation & exclusion) by § 301(d) of IIRIRA.

INA: ACT 237 FN 2

FN 2     Amended by § 301(d) of IIRIRA , effective on "title III-A" effective date.

INA: ACT 237 FN 2b

FN 2b     Section 5304(b) of Public Law 108-458 amended section 237(a)(1)(B) by striking “United States is” and inserting the following: “United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 221(i) , is”.

Effective Date - The amendments made by this section shall take effect on the date of enactment of this Act (Public Law 108-458 ) and shall apply to revocations under sections 205 and 221(i) of the Immigration and Nationality Act (8 U.S.C. 1155, 1201(i)) made before, on, or after such date.

INA: ACT 237 FN 3

FN 3     Section 351 of IIRIRA added the clarifying phrase "an individual who was at the time of the offense was" both here and in section 212(d)(11). Effective "for waivers filed before, on, or after the date of the enactment of [IIRIRA], but shall not apply to such an application for which a final determination has been made as of the date of the enactment of [IIRIRA]."

INA: ACT 237 FN 4

FN 4     The last sentence of this paragraph which read: "Any alien who obtains the status of an alien lawfully admitted for temporary residence under section 210A who fails to meet the requirement of section 210A(d)(5)(A) by the end of the applicable period is deportable[]" was striken by §671(d) of IIRIRA .

INA: ACT 237 FN 5

FN 5     S ubparagraph (F) was repealed by IIRIRA § 671(d) . There was no conforming amendment to redesignate subsequent paragraphs.

INA: ACT 237 FN 5a

FN 5a     Section 1505(c)(2) of Public Law 106-386, dated October 28, 2000, amended section 237(a)(1)(H) as follows: By inserting subclause (I) in clause (i), by redesignating clause (ii) as subclause (II), and by adding clause (ii).

INA: ACT 237 FN 5aa

FN 5aa     Section 6(c) of Public Law 109-271, dated August 12, 2006, revised section 237(a)(1)(H)(ii) of the Act.

INA: ACT 237 FN 5b

FN 5b     Section 401 of Public Law 109-248, dated July 27, 2006, amended section 237(a)(2)(A) by redesignating clause (v) as (vi), and by adding a new clause (v).

INA: ACT 237 FN 6

FN 6     Added by § 350 of IIRIRA , effective for "convictions, or violations of court orders, occurring after the date of enactment of [IIRIRA]."

INA: ACT 237 FN 7

FN 7     Amended by § 345(b) of IIRIRA , effective on the date of enactment of IIRIRA.

INA: ACT 237 FN 8

FN 8     Added by § 344(b) of IIRIRA, effective for "representations made on or after the date of enactment of [IIRIRA]." Section 201(c)(2) of Public Law 106-395, dated October 30, 2000, revised section 237(a)(3)(D).

    EFFECTIVE DATES: The amendment made by section 201(c)(2) of Public Law 106-395 shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act on or after September 30, 1996.

INA: ACT 237 FN 8a

FN 8a     Reference citation amended by section 411(b)(1) of the USA Patriot Act, Public Law 107-56, dated October 26, 2001. See section 411(c) for retroactive application of amendments.

INA: ACT 237 FN 8b

FN 8b     Section 5402 of Public Law 108-458, added subparagraph (E) to section 237(a)(4).   Section 105(b) of Public Law 109-13 repealed section 5402 of Public Law 108-458.  Accordingly, subparagraph (E) that was added by section 5402 is removed.

Repeal: Effective as of the date of the enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), section 5402 of such Act is repealed, and the Immigration and Nationality Act shall be applied as if such section had not been enacted.

INA: ACT 237 FN 8c

FN 8c     Section 5501(b) of Public Law 108-458,amended section 237(a)(4)(D) by

(1) Striking “clause (i) or (ii)” and inserting “clause (i), (ii), or (iii)”; and

(2) Striking in the subparagraph heading, “ASSISTED IN NAZI PERSECUTION OR ENGAGED IN GENOCIDE” and inserting “PARTICIPATED IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING”.

Effective Date - The amendments made by this section 5501(b) shall apply to offenses committed before, on, or after the date of enactment of this Act (Public Law 108-458 )

INA: ACT 237 FN 8d

FN 8d     Section 5502(b) of Public Law 108-458 added a second subparagraph (E) to section 237(a)(4).

INA: ACT 237 FN 8e

FN 8e     Section 2(c) of Public Law 110-340 , dated October 3, 2008, amended section 212(a)(3) of the Act by adding subparagraph (F).

INA: ACT 237 FN 9

FN 9     Added by § 347 of IIRIRA, applies to "voting occurring before, on, or after the date of enactment of [IIRIRA]." Section 201(c)(1) of Public Law 106-395, dated October 30, 2000, amended paragraph (a)(6).

    EFFECTIVE DATES- The amendment made by section 201(c)(1) , Public Law 106- 395 shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting occurring before, on, or after September 30, 1996.

INA: ACT 237 FN 9a

FN 9a     Section 1505(b)(1) of Public Law 106-386, dated October 28, 2000, added section 237(a)(7).

INA: ACT 237 FN 10

FN 10     First version of subsection (d) was repealed by Sec. 307(k) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1756), effective March 1, 1991, namely, as if included in section 602(b) of the Immigration Act of 1990. A new subsection (d) was added by AEDPA which read: "(d) Notwithstanding any other provision of this title, an alien found in the United States who has not been admitted to the United States after inspection in a ccordance with section 235 is deemed for purposes of this Act to be seeking entry and admission to the United States and shall be subject to examination and exclusion by the Attorney General under chapter 4. In the case of such an alien the Attorney General shall provide by regulation an opportunity for the alien to establish that the alien was so admitted. " This section was then repealed by § 308(d)(2)(D) of IIRIRA . This repeal of INA § 241(d) occurs before § 241 is redesignated as § 237 and is effective upon enactment of IIRIRA. Note also, § 308(d)(5) of IIRIRA repeals § 422 of AEDPA effective as of the date of enactment of AEDPA, i.e., "applied as if such section had not been enacted."

INA: ACT 237 FN 11

FN 11     Section 105(a) of Public Law 109-13 revised section 237(a)(4)(B).

Effective Date: The amendment made by paragraph (1) shall take effect on the date of the enactment of this division, and the amendment, and section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)), as amended by such paragraph, shall apply to--

(A) removal proceedings instituted before, on, or after the date of the enactment of this division; and

(B) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date.

Repeal: Effective as of the date of the enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), section 5402 of such Act is repealed, and the Immigration and Nationality Act shall be applied as if such section had not been enacted.

INA: ACT 237 FN 12

FN 12     Section 204 of Public Law 110-457, dated December 23, 2008, added paragraph (d).

INA: ACT 237 FN 13