§ 3401 : TIME LIMITS AND EFFICIENT ADJUDICATION OF GENUINE ASYLUM CLAIMS

Section 208(a)(2)(8 U.S.C. 1158(a)(2)) is amended—

1.

in subparagraph (A), by inserting or the Secretary of Homeland Security after Attorney General both places such term appears;

2.

by striking subparagraphs (B) and (D);

3.

by redesignating subparagraph (C) as subparagraph (B);

4.

in subparagraph (B), as redesignated, by striking subparagraph (D) and inserting subparagraphs (C) and (D); and

5.

by inserting after subparagraph (B), as redesignated, the following:

C.

CHANGED CIRCUMSTANCES.—Notwithstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General or the Secretary of Homeland Security, the existence of changed circumstances that materially affect the applicant’s eligibility for asylum.

D.

MOTION TO REOPEN CERTAIN MERITORIOUS CLAIMS.—Notwithstanding subparagraph (B) or section 240(c)(7), an alien may file a motion to reopen an asylum claim during the 2-year period beginning on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act if the alien—

i.

was denied asylum based solely upon a failure to meet the 1-year application filing deadline in effect on the date on which the application was filed;

ii.

was granted withholding of removal pursuant to section 241(b)(3)and has not obtained lawful permanent residence in the United States pursuant to any other provision of law;

iii.

is not subject to the safe third country exception under subparagraph (A) or a bar to asylum under subsection (b)(2) and should not be denied asylum as a matter of discretion; and

iv.

is physically present in the United States when the motion is filed.