MOTIONS TO REOPEN.

SEC. 825. MOTIONS TO REOPEN. (a) Removal Proceedings.—Section 240(c)(7) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)), as redesignated 119 STAT. 3064 by section 101(d)(1) of the REAL ID Act of 2005 (division B of Public Law 109–13), is amended—(1) in subparagraph (A), by inserting “, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv)” before the period at the end; and (2) in subparagraph (C)—(A) in the heading of clause (iv), by striking “Spouses and children” and inserting “Spouses, children, and parents”; (B) in the matter before subclause (I) of clause (iv), by striking “The deadline specified in subsection (b)(5)(C) for filing a motion to reopen does not apply” and inserting “Any limitation under this section on the deadlines for filing such motions shall not apply”; (C) in clause (iv)(I), by striking “or section 240A(b)” and inserting “, section 240A(b), or section 244(a)(3) (as in effect on March 31, 1997)”; (D) by striking “and” at the end of clause (iv)(II); (E) by striking the period at the end of clause (iv)(III) and inserting “; and”; and (F) by adding at the end the following: “(IV) if the alien is physically present in the United States at the time of filing the motion. The filing of a motion to reopen under this clause shall only stay the removal of a qualified alien (as defined in section 431(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.”. (b) Deportation and Exclusion Proceedings.—Section 1506(c)(2) of the Violence Against Women Act of 2000 (8 U.S.C. 1229a note) is amended—(1) by striking subparagraph (A) and inserting the following: “(A)(i) In general.—Notwithstanding any limitation imposed by law on motions to reopen or rescind deportation proceedings under the Immigration and Nationality Act (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note))—“(I) there is no time limit on the filing of a motion to reopen such proceedings, and the deadline specified in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) does not apply—“(aa) if the basis of the motion is to apply for relief under clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as so in effect) (8 U.S.C. 1254(a)(3)); and “(bb) if the motion is accompanied by a suspension of deportation application to be filed with the Secretary of Homeland Security or by a copy 119 STAT. 3065 of the self-petition that will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and “(II) any such limitation shall not apply so as to prevent the filing of one motion to reopen described in section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)). “(ii) Prima facie case.—The filing of a motion to reopen under this subparagraph shall only stay the removal of a qualified alien (as defined in section 431(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.”; (2) in subparagraph (B), in the matter preceding clause (i), by inserting “who are physically present in the United States and” after “filed by aliens”; and (3) in subparagraph (B)(i), by inserting “or exclusion” after “deportation”. (c) Certification of Compliance in Removal Proceedings.—(1) In general.—Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) is amended by adding at the end the following new subsection: “(e) Certification of Compliance With Restrictions on Disclosure.—“(1) In general.—In cases where an enforcement action leading to a removal proceeding was taken against an alien at any of the locations specified in paragraph (2), the Notice to Appear shall include a statement that the provisions of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) have been complied with. “(2) Locations.—The locations specified in this paragraph are as follows: “(A) At a domestic violence shelter, a rape crisis center, supervised visitation center, family justice center, a victim services, or victim services provider, or a community-based organization. “(B) At a courthouse (or in connection with that appearance of the alien at a courthouse) if the alien is appearing in connection with a protection order case, child custody case, or other civil or criminal case relating to domestic violence, sexual assault, trafficking, or stalking in which the alien has been battered or subject to extreme cruelty or if the alien is described in subparagraph (T) or (V) of section 101(a)(15).”. (2) Effective date.—The amendment made by paragraph (1) shall take effect on the date that is 30 days after the date of the enactment of this Act and shall apply to apprehensions occurring on or after such date.