Page:United States Statutes at Large Volume 108 Part 3.djvu/203

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PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1955 (d) EFFECTIVE DATE.—The amendments made by this section H use 1101 note. shall take effect January 1, 1995. SEC. 40702. USE OF CREDIBLE EVTOENCE IN SPOUSAL WAIVER APPLICATIONS. (a) IN GENERAL.—Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after the second sentence the following: "In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.". (b) EFFECTIVE DATE. —The amendment made by subsection (a) 8 USC iisfia shall take effect on the date of enactment of this Act and shall "^te. apply to applications made before, on, or after such date. SEC. 40703. SUSPENSION OF DEPORTATION. (a) BATTERED SPOUSE OR CHILD.— Section 244(a) of the Immigration and Nationality Act (8 U.S.C. 1254(a)) is amended— (1) by striking "or^' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting "; or"; and (3) by inserting after paragraph (2) the following: "(3) is deportable under any law of the United States except section 241(a)(1)(G) and the provisions specified in paragraph (2); has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application; has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a United States citizen or lawful permanent resident (or is the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or permanent resident parent); and proves that during all of such time in the United States the alien was and is a person of good moral character; and is a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or the alien's parent or child.". (b) CONSIDERATION OF EVIDENCE.—Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254) is amended by adding at the end the following new subsection: "(g) In acting on applications under subsection (a)(3), the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.". TITLE V—DRUG COURTS SEC. 50001. DRUG COURTS. (a) IN GENERAL.— Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 40231(a), is amended— (1) by redesignating part V as part W; (2) by redesignating section 2201 as section 2301; and 42 USC 3797. (3) by inserting after part U the following new part: