119 STAT. 3058
8 USC 1229a note. 8 USC 1229b note.
PUBLIC LAW 109–162—JAN. 5, 2006
cruelty to the alien or any child or parent of the alien, serious illness of the alien,’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to a failure to appear that occurs before, on, or after the date of the enactment of this Act. (b) DISCRETION TO CONSENT TO AN ALIEN’S REAPPLICATION FOR ADMISSION.— (1) IN GENERAL.—The Secretary of Homeland Security, the Attorney General, and the Secretary of State shall continue to have discretion to consent to an alien’s reapplication for admission after a previous order of removal, deportation, or exclusion. (2) SENSE OF CONGRESS.—It is the sense of Congress that the officials described in paragraph (1) should particularly consider exercising this authority in cases under the Violence Against Women Act of 1994, cases involving nonimmigrants described in subparagraph (T) or (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), and relief under section 240A(b)(2) or 244(a)(3) of such Act (as in effect on March 31, 1997) pursuant to regulations under section 212.2 of title 8, Code of Federal Regulations. (c) CLARIFYING APPLICATION OF DOMESTIC VIOLENCE WAIVER AUTHORITY IN CANCELLATION OF REMOVAL.— (1) IN GENERAL.—Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended— (A) in paragraph (1)(C), by striking ‘‘(except in a case described in section 237(a)(7) where the Attorney General exercises discretion to grant a waiver)’’ and inserting ‘‘, subject to paragraph (5)’’; (B) in paragraph (2)(A)(iv), by striking ‘‘(except in a case described in section 237(a)(7) where the Attorney General exercises discretion to grant a waiver)’’ and inserting ‘‘, subject to paragraph (5)’’; and (C) by adding at the end the following: ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE WAIVER AUTHORITY.—The authority provided under section 237(a)(7) may apply under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in a cancellation of removal and adjustment of status proceeding.’’. SEC. 814. ELIMINATING ABUSERS’ CONTROL OVER APPLICATIONS AND LIMITATION ON PETITIONING FOR ABUSERS.
(a) APPLICATION OF VAWA DEPORTATION PROTECTIONS TO ALIENS ELIGIBLE FOR RELIEF UNDER CUBAN ADJUSTMENT AND HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT.—Section 1506(c)(2) of the Violence Against Women Act of 2000 (8 U.S.C. 1229a note; division B of Public Law 106–386) is amended— (1) in subparagraph (A)— (A) by amending clause (i) to read as follows: ‘‘(i) if the basis of the motion is to apply for relief under— ‘‘(I) clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)); ‘‘(II) clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)); ‘‘(III) section 244(a)(3) of such Act (8 U.S.C. 8 U.S.C. 1254(a)(3));
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