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FOOTNOTES FOR SECTION 238
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.
FN 2
Sic. Should be "237". See savings provision regarding former designations on page one of this document (
section
308(g)(1)
of IIRIRA
).
FN 3
Sic. Should be "237". See savings provision regarding former designations on page one of this document (
section
308(g)(1)
of IIRIRA
).
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]."
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.
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.
FN 8
Amended by §
374
of IIRIRA.
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)
.
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).