Issues Pertaining to Parole Comment. One hundred twenty-three commenters suggested that lawful permanent residents who complied with their deportation orders and were deported from the United States be granted parole, thus enabling them to pursue motions to reopen and present cases on the merits of their section 212(c) waiver applications. One commenter believed that no filing deadline should be imposed for an alien who is currently outside of the United States and who asserts eligibility for relief under this rule. One hundred four commenters stated that absent a provision to permit parole of aliens into the United States, such aliens will be summarily denied relief. Citing H.R. 5062, which was introduced in the 106th Congress, Second Session, these commenters indicated that in recently proposed legislation, the House of Representatives established that aliens unjustly removed from the United States should have the opportunity to return to the United States to have their claims considered. Nonetheless, one commenter expressed support for the language in proposed 8 CFR 3.44(i), which excludes aliens who have departed, aliens who have a final order of removal and illegally returned, and aliens who have not been admitted or paroled into the United States. A group of 10 commenters felt that 3.44(i), in its entirety, should be deleted from the final rule. Response: The Department’s primary purpose in publishing this rule is to alleviate the inter-circuit conflicts regarding the temporal scope of section 440(d) of AEDPA. None of the circuits that have disagreed with the Attorney General’s decision in Xxxxxxx have adopted a general view that aliens who were removed or departed the United States should be permitted to return. The Department has no method of identifying or discerning the location of aliens who departed on account of the Xxxxxxx decision and the commenters who offered this suggestion have provided none. The government’s interest in finality, the considerable administrative burdens involved, and the risk of paroling persons ultimately determined not to be eligible for relief all counsel against providing for the parole of deported criminals back into the United States.
Issues Pertaining to Parole Comment. One hundred twenty-three commenters suggested that lawful permanent residents who complied with their deportation orders and were deported from the United States be granted parole, thus enabling them to pursue motions to reopen and present cases on the merits of their section 212(c) waiver applications. One commenter believed that no filing deadline should be imposed for an alien who is currently outside of the United States and who asserts eligibility for relief under this rule. One hundred four commenters stated that absent a provision to permit parole of aliens into the United States, such aliens will be summarily denied relief. Citing H.R. 5062, which was introduced in the 106th Congress, Second Session, these commenters indicated that in recently proposed legislation, the House of Representatives established that aliens unjustly removed from the United States should have the opportunity to return to the United States to have their claims considered. Nonetheless, one commenter expressed support for the language in proposed 8 CFR 3.44(i), which excludes aliens who have departed, aliens who have a final order of removal and illegally returned, and aliens who have not been admitted or paroled into the United States. A group of 10 commenters felt that 3.44(i), in its entirety, should be deleted from the final rule.
