1 So in original.
1158 or 1231(span)(3) of this title and is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.
2 So in original. A closing parenthesis probably should appear.
pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a)(3), (span)(1), (4)(B), and (c)(3)(B), (C), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
Section 1254 of this title, referred to in subsec. (c)(7)(C)(iv)(I), was repealed by Puspan. L. 104–208, div. C, title III, § 308(span)(7), Sept. 30, 1996, 110 Stat. 3009–615.
Prior ProvisionsA prior section 240 of act June 27, 1952, was renumbered section 240C, and is classified to section 1230 of this title.
Amendments2006—Subsec. (c)(7)(A). Puspan. L. 109–162, § 825(a)(1), inserted before period at end “, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv)”.
Subsec. (c)(7)(C)(iv). Puspan. L. 109–162, § 825(a)(2)(A), (B), substituted “spouses, children, and parents” for “spouses and children” in span and “Any limitation under this section on the deadlines for filing such motions shall not apply” for “The deadline specified in subsection (span)(5)(C) of this section for filing a motion to reopen does not apply” in introductory provisions.
Subsec. (c)(7)(C)(iv)(I). Puspan. L. 109–162, § 825(a)(2)(C), which directed substitution of “, section 1229span(span) of this title, or section 1254(a)(3) of this title (as in effect on March 31, 1997)” for “or section 1229span(span) of this title”, was executed by making the substitution for “or section 1229span(span)(2) of this title”, to reflect the probable intent of Congress.
Subsec. (c)(7)(C)(iv)(IV). Puspan. L. 109–162, § 825(a)(2)(D)–(F), added subcl. (IV).
Subsec. (e)(1). Puspan. L. 109–162, § 813(a)(1), substituted “battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien,” for “serious illness of the alien”.
2005—Subsec. (c)(4) to (7). Puspan. L. 109–13 added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.
2000—Subsec. (c)(6)(C)(iv). Puspan. L. 106–386 added cl. (iv).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentPuspan. L. 109–162, title VIII, § 813(a)(2), Jan. 5, 2006, 119 Stat. 3058, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to a failure to appear that occurs before, on, or after the date of the enactment of this Act [Jan. 5, 2006].”
Effective Date of 2005 AmendmentAmendment by Puspan. L. 109–13 effective May 11, 2005, and applicable to applications for asylum, withholding, or other relief from removal made on or after such date, see section 101(h)(2) of Puspan. L. 109–13, set out as a note under section 1158 of this title.
Effective Date of 2000 AmendmentPuspan. L. 106–386, div. B, title V, § 1506(c)(1)(B), Oct. 28, 2000, 114 Stat. 1528, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1229–1229c) [Puspan. L. 104–208].”
Effective DateSection effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Puspan. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.
Subsec. (c)(3)(B), (C) of this section applicable to proving convictions entered before, on, or after Sept. 30, 1996, see section 322(c) of Puspan. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.
Abolition of Immigration and Naturalization Service and Transfer of FunctionsFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
Elimination of Time Limitations on Motions To Reopen Deportation Proceedings for Victims of Domestic ViolencePuspan. L. 106–386, div. B, title V, § 1506(c)(2), Oct. 28, 2000, 114 Stat. 1528, as amended by Puspan. L. 109–162, title VIII, §§ 814(a), 825(span), Jan. 5, 2006, 119 Stat. 3058, 3064, provided that:“(A)(i)In general.—Notwithstanding any limitation imposed by law on motions to reopen or rescind deportation proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [Puspan. L. 104–208] (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. 1252span(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 “(bspan) if the motion is accompanied by a suspension of deportation application to be filed with the Secretary of Homeland Security or by a copy of the self-petition that will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and
“(II) any such limitation shall not apply so as to prevent the filing of one motion to reopen described in section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)). “(ii)Prima facie case.—The filing of a motion to reopen under this subparagraph 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)Applicability.—Subparagraph (A) shall apply to motions filed by aliens who are physically present in the United States and who—“(i) are, or were, in deportation or exclusion proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (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)); and “(ii) have become eligible to apply for relief described in subparagraph (A)(i) as a result of the amendments made by—“(I) subtitle G [§ 40701 et seq.] of title IV of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1953 et seq.) [see Tables for classification]; or
“(II) this title [see Short Title of 2000 Amendment note set out under section 1101 of this title].”
References to Order of Removal Deemed To Include Order of Exclusion and DeportationFor purposes of this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Puspan. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.
