Pub. L. 109-162, tit. VIII, subtit. B, sec. 813
REMOVAL PROCEEDINGS.
SEC. 813. REMOVAL PROCEEDINGS. (a) Exceptional Circumstances.—(1) In general.—Section 240(e)(1) of the Immigration and Nationality Act (8 U.S.C. 1229a(e)(1)) is amended by striking “serious illness of the alien” and inserting “battery or extreme 119 STAT. 3058 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.”.