CORRECTIONS RELATING TO TITLE V OF THE IMMIGRATION ACT OF 1990.

SEC. 306. CORRECTIONS RELATING TO TITLE V OF THE IMMIGRATION ACT OF 1990. (a) (1) Section 101(a)(43) of the INA, as amended by section 501(a)(4) of the Immigration Act of 1990, is amended by striking “,.” and inserting a period. (2) Section 502(a) of the Immigration Act of 1990 is amended by striking “(8 U.S.C. 1152a(a)(1))” and inserting “(8 U.S.C. 1105a(a)(l))”. (3) Section 287(a)(4) of the INA, as amended by section 503(a)(2) of the Immigration Act of 1990, is amended by striking “, and” at the end and inserting “; and”. (4) Subparagraph (B) of section 242(a)(2) of the INA, as added by section 504(a)(5) of the Immigration Act of 1990, is amended to read as follows: “(B) The Attorney General may not release from custody any lawfully admitted alien who has been convicted of an aggravated felony, either before or after a determination of deportability, unless the alien demonstrates to the satisfaction of the Attorney General that such alien is not a threat to the community and that the alien is likely to appear before any scheduled hearings.”. (5) Section 236(e)(l) of the INA, as amended by section 504(b) of the Immigration Act of 1990, is amended by striking “upon completion of the alien’s sentence for such conviction” and inserting “upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense)”. (6) Section 503(a)(ll) of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 507 of the Immigration Act of 1990, is amended— (A) by striking “the certified records” and inserting “notice”, and (B) by inserting before the period at the end the following: “and under which the State will provide the Service with the certified record of such a conviction within 30 days of the date of a request by the Service for such record”. (7) Section 509(b) of the Immigration Act of 1990 is amended by inserting before the period at the end the following: “, except with respect to conviction for murder which shall be considered a bar to good moral character regardless of the date of the conviction”. (8) The last sentence of section 510(b) of the Immigration Act of 1990 is amended by striking “for”. (9) The last sentence of section 510(c) of the Immigration Act of 1990 is amended by striking “been been” and inserting “been”. (10) The last sentence of section 212(c) of the INA, as added by section 511(a) of the Immigration Act of 1990, is amended by striking “an aggravated felony and has served” and inserting “one or more aggravated felonies and has served for such felony or felonies”. (11) Section 513(b) of the Immigration Act of 1990 is amended— (A) by striking “petitions to review” and inserting “petitions for review”, and (B) by inserting before the period at the end the following: “and shall apply to convictions entered before, on, or after such date”. (12) Section 514(a) of the Immigration Act of 1990 is amended by striking “10 years” and inserting “ten years”. 105 STAT. 1752 (13) Paragraphs (1) and (2) of section 515(b) of the Immigration Act of 1990 are amended to read as follows: “(1) The amendment made by subsection (a)(1) shall apply to convictions entered before, on, or after the date of the enactment of this Act and to applications for asylum made on or after such date. “(2) The amendment made by subsection (a)(2) shall apply to convictions entered before, on, or after the date of the enactment of this Act and to applications for withholding of deportation made on or after such date.”. (b) (1) Section 274B(g)(2)(B)(iv)(II) of the INA, as amended by section 536(a) of the Immigration Act of 1990, is amended by striking “subclause (IV)” and inserting “subclauses (III) and (IV)”. (2) Section 274A(b)(3) of the INA, as amended by section 538(a) of the Immigration Act of 1990, is amended by striking the comma after officers of the Service”. (3) Section 274B(g)(2)(B) of the INA, as amended by section 539(a) of the Immigration Act of 1990, is amended— (A) in clause (iv)(IV), by striking the period at the end and inserting a semicolon, (B) in clauses (v) and (vi), by striking the comma at the end and inserting a semicolon, (C) in clause (vii), by striking “, and” and inserting “; and”, (D) in clause (vii), by striking “to order (in an appropriate case) the removal of” and inserting “to remove (in an appropriate case)”, and (E) in clause (viii), by striking “to order (in an appropriate case) the lifting of” and inserting “to lift (in an appropriate case)”. (c) (1) Section 274B(g)(2)(D) of the INA is amended by striking “physicially” and inserting “physically”. (2) Section 543(a)(3) of the Immigration Act of 1990 is amended by inserting “each place it appears” before “and inserting”. (3) Sections 252(c) and 275(a) of the INA, as amended by section 543(b) of the Immigration Act of 1990, are each amended by striking “fined not more than” and all that follows through “United States Code)” and inserting “fined under title 18, United States Code,”. (4) (A) The second sentence of section 231(d) of the INA is amended by striking “collector of customs” and inserting “Commissioner”. (B) The third sentence of section 237(b) of the INA is amended by striking “district director of customs” and inserting “Commissioner”. (C) The second sentence of section 254(a) of the INA is amended by striking “collector of customs” and inserting “Commissioner”. (D) The second sentence of section 273(b) of the INA is amended by striking “collector of customs” and inserting “Commissioner”. (5) (A) Section 274C(a) of the INA, as added by section 544(a) of the Immigration Act of 1990, is amended— (i) in paragraph (2), by inserting “or to provide” after “or receive”, (ii) in paragraph (3), by inserting “or to provide or attempt to provide” after —attempt to use”, and (iii) in paragraph (4), by inserting “or to provide” after “receive”. (B) Section 544 of the Immigration Act of 1990 is amended by striking “(c) EFFECTIVE” and inserting “(d) EFFECTIVE”. 105 STAT. 1753 (6) Section 242B of the INA, as inserted by section 545(a) of the Immigration Act of 1990, is amended— (A) in subsection (a)(1)(E), by striking “, upon request,”; (B) in subsection (a)(2)(A)(ii), by inserting “, except under exceptional circumstances,” after “failure”; (C) in subsection (a)(2), by adding at the end the following: “In the case of an alien not in detention, a written notice shall not be required under this paragraph if the alien has failed to provide the address required under subsection (a)(1)(F).”; (D) in subsection (b)(1), by inserting before the period at the end the following: “, unless the alien requests in writing an earlier hearing date”; (E) in subsection (b)(2)— (i) by inserting “pro bono” after “to represent”, and (ii) by adding at the end the following: “Such lists shall be provided under subsection (a)(1)(E) and otherwise made generally available.”; (F) in subsection (c)— (i) in paragraph (1), by striking “except as provided in paragraph (2),” each place it appears, (ii) in paragraph (1), by adding at the end the following: “The written notice by the Attorney General shall be considered sufficient for purposes of this paragraph if provided at the most recent address provided under subsection (a)(1)(F).”, and (iii) by striking the second sentence of paragraph (2); (G) in subsection (c)(4), by inserting “(or 30 days in the case of an alien convicted of an aggravated felony)” after “60 days”; (H) in subsection (d), by striking “the Board” and inserting “the Attorney General”; (I) in subsection (e)(4)(B), by inserting “a” after “with respect to”; and (J) in subsection (e)(5), by striking subparagraph (A) and redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively. (7) The 8th sentence of section 242(b) of the INA, as amended by section 545(e) of the Immigration Act of 1990, is amended to read as follows: “Such regulations shall include requirements that are consistent with section 242B and that provide that— “(1) the alien shall be given notice, reasonable under all the circumstances, of the nature of the charges against him and of the time and place at which the proceedings will be held, “(2) the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose, “(3) the alien shall have a reasonable opportunity to examine the evidence against him, to present evidence on his own behalf, and to cross-examine witnesses presented by the Government, and “(4) no decision of deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence.”.