Indonesian Family Refugee Protection Act

Indonesian Family Refugee Protection Act - Authorizes a qualifying Indonesian citizen whose asylum claim was denied solely upon a failure to meet the one-year application filing deadline to file a motion to reopen such claim.

Requires that such motion be filed during the two-year period beginning on the date of enactment of this Act.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3590 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3590

 To allow certain Indonesian citizens to file a motion to reopen their 
                             asylum claims.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2011

 Mrs. Maloney (for herself, Mr. Pallone, Mr. Gutierrez, Ms. Bordallo, 
 Mr. Honda, Mr. Faleomavaega, Mr. Grijalva, and Mr. Polis) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To allow certain Indonesian citizens to file a motion to reopen their 
                             asylum claims.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indonesian Family Refugee Protection 
Act''.

SEC. 2. MOTION TO REOPEN ASYLUM CLAIMS.

    (a) In General.--Notwithstanding subparagraphs (B) and (C) of 
section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)) and section 240(c)(7) of such Act (8 U.S.C. 1229a(c)(7)), 
and notwithstanding any other provision of law on motions to reopen 
removal or deportation proceedings, an alien may file one motion to 
reopen an asylum claim during the 2-year period beginning on the date 
of the enactment of this Act if the alien--
            (1) is a citizen of Indonesia;
            (2) entered the United States after January 1, 1997, and 
        before November 30, 2002;
            (3) filed an application for asylum that was denied asylum 
        based solely upon a failure to meet the 1-year application 
        filing deadline;
            (4) is not subject to the safe third country exception 
        under section 208(a)(2)(A) of the Immigration and Nationality 
        Act (8 U.S.C. 1158(a)(2)(A)); and
            (5) is not subject to a bar from seeking asylum under 
        section 208(b)(2) of the Immigration and Nationality Act (8 
        U.S.C. 1158(b)(2)).
    (b) Application From Abroad.--The motion to reopen referred to in 
subsection (a) may be filed in the United States or from outside the 
United States.
    (c) Return of Applicants Abroad.--An alien who meets the 
requirements under subsection (a) may be admitted or otherwise 
authorized to enter the United States solely to prosecute a motion to 
reopen under this section or otherwise to pursue relief under this 
section. Hearings pursuant to this section may be held in the United 
States or abroad, with the alien appearing in person or by video phone 
or similar device.
    (d) Definitions.--For purposes of this Act, the terms used in this 
Act shall have the same meanings given such terms in section 101(a) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)).
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