bseoima §2314 (2013): DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION OR INADMISSIBILITY OF CITIZEN AND RESIDENT IMMEDIATE FAMILY MEMBERS

a.

APPLICATIONS FOR RELIEF FROM REMOVAL.— Section 240(c)(4)(8 U.S.C. 1229a(c)(4)) is amended by adding at the end the following:

D.

JUDICIAL DISCRETION.—In the case of an alien subject to removal, deportation, or inadmissibility, the immigration judge may exercise discretion to decline to order the alien removable, deportable or inadmissible from the United States and terminate proceedings if the judge determines that such removal, deportation, or inadmissibility is against the public interest or would result in hardship to the alien’s United States citizen or lawful permanent resident parent , spouse, or child, or the judge determines the alien is prima facie eligible for naturalization except that this subparagraph shall not apply to an alien whom the judge determines—

i.

is inadmissible or deportable under—

I.: subparagraph (B),(C),(D)(ii),(E),(H),(I), or (J) of section 212(a)(2);
II.: section 212(a)(3);
III.: subparagraph (A),(C), or (D) of section 212(a)(10); or
IV.: paragraph (2)(A)(ii),(2)(A)(v),(2)(F),(4), or (6) of section 237(a); or

ii.

has—

I.: engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); or
II.: a felony conviction described in section 101(a)(43)that would have been classified as an aggravated felony at the time of conviction.

SECRETARY’S DISCRETION.— Section 212(8 U.S.C. 1182), as amended by section 2313(d), is further amended by adding at the end the following:

w.

SECRETARY’S DISCRETION.—In the case of an alien who is inadmissible under this section, or deportable under section 237, the Secretary of Homeland Security may exercise discretion to waive a ground of inadmissibility or deportability if the Secretary determines that such removal or refusal of admission is against the public interest or would result in hardship to the alien’s United States citizen or permanent resident parent, spouse, or child . This subsection shall not apply to an alien whom the Secretary determines—

1.

is inadmissible or deportable under—

A.: subparagraph (B), (C), (D)(ii), (E), (H), (I) or (J) of subsection (a)(2);
B.: subsection (a)(3);
C.: subparagraph (A), (C), or (D) of subsection (a)(10);
D.: paragraphs (2)(A)(ii),(2)(A)(v),(2)(F), or (6) of section 237(a); or
E.: section 240(c)(4)(D)(ii)(II); or

2.

has—

A.: engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); or
B.: a felony conviction described in section 101(a)(43)that would have been classified as an aggravated felony at the time of conviction.

REINSTATEMENT OF REMOVAL ORDERS.— Section 241(a)(5)(8 U.S.C. 1231(a)(5)) is amended by striking the period at the end and inserting , unless the alien reentered prior to attaining the age of 18 years, or reinstatement of the prior order of removal would not be in the public interest or would result in hardship to the alien’s United States citizen or permanent resident parent, spouse, or child..

§ 2314 : DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION OR INADMISSIBILITY OF CITIZEN AND RESIDENT IMMEDIATE FAMILY MEMBERS