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FOOTNOTES FOR SECTION 238


INA: ACT 238 FN 1


FN 1     Former section 238 was redesignated as section 233 and moved accordingly by § 308(b)(4) of IIRIRA . This new section 238 is former section 242A as redesignated by § 308(b)(5) of IIRIRA.

INA: ACT 238 FN 2


FN 2     Sic. Should be "237". See savings provision regarding former designations on page one of this document ( section 308(g)(1) of IIRIRA ).

INA: ACT 238 FN 3


FN 3     Sic. Should be "237". See savings provision regarding former designations on page one of this document ( section 308(g)(1) of IIRIRA ).

INA: ACT 238 FN 4


FN 4     Section 308(g)(1) of IIRIRA

INA: ACT 238 FN 5


FN 5     Section 306(d) of IIRIRA amended section 440(g) (among others) of AEDPA which in turn amends this section as shown. This amendment is effective "as if included in the enactment of [AEDPA]."

INA: ACT 238 FN 6


FN 6     Sic. Section 440(g)(2) of the AEDPA awkwardly amends this section and it references language that does not exist in section 242 A (a)(2). The referenced language is in section 242(a)(2) which apparently explains the error. What is shown in this section is what results from the awkward amendment.

INA: ACT 238 FN 7


FN 7     Subparagraph (D) and conforming amendments added by § 304(c) of IIRIRA. Changes are effective "as if included in the enactment of section 442(a) of Public Law 104-132" [AEDPA].

Sic. redesignated as subsection (c) by § 671(b)(13) of IIRIRA.

INA: ACT 238 FN 8


FN 8     Amended by § 374 of IIRIRA.

INA: ACT 238 FN 9


FN 9     Amended by § 374(a)(2) of IIRIRA which deleted the phrase "without a decision on the merits" . Amendment has a specific effective date: "as if included in the enactment of section 224(a) of the Immigration and Nationality Technical Corrections Act of 1994." IIRIRA § 374(d) .

INA: ACT 238 FN 10


FN 10     Amended by § 374(a)(2) of IIRIRA which deleted the phrase "without a decision that marks". Amendment has a specific effective date: "as if included in the enactment of section 224(a) of the Immigration Nationality Technical Corrections Act of 1994." IIRIRA §374(d).