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FOOTNOTES FOR SECTION 237
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Former INA section 237 repealed by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.
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or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section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.
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]."
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
.
FN 5
S
ubparagraph (F) was repealed by
IIRIRA § 671(d)
. There was no conforming amendment to redesignate subsequent paragraphs.
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).
FN 5aa
Section
6(c)
of Public Law 109-271, dated August 12, 2006, revised section 237(a)(1)(H)(ii) of the Act.
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).
FN 6
Added by
§ 350 of IIRIRA
, effective for "convictions, or violations of court orders, occurring after the date of enactment of [IIRIRA]."
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.
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.
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.
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
)
FN 8d
Section
5502(b)
of Public Law 108-458 added a second subparagraph (E) to section 237(a)(4).
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).
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.
FN 9a
Section
1505(b)(1)
of Public Law 106-386, dated October 28, 2000, added section 237(a)(7).
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."
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.
FN 12
Section
204
of Public Law 110-457, dated December 23, 2008, added paragraph (d).
FN 13
Section
222(f)(2)
of Public Law 110-457, dated December 23, 2008, added paragraph (a)(2)(F) to section 212 of the Immigration and Nationality Act.