Criminal Defense of Immigrants

(B)  Exception.  If each natural or adoptive parent of the noncitizen is or was a citizen, the noncitizen permanently resided in the U.S. before turning 16, and s/he reasonably believed at the time of making the representation that s/he was a citizen, the noncitizen “shall not be considered to be deportable under any provision of this subsection[188] based on such representation.”[189]  This exception was added in 2000,[190] but applies retroactively as if it had been enacted in IIRAIRA, and applies — like the ground of deportation — only to representations made on or after Sept. 30, 1996. [191]

[188] INA § 237(a), 8 U.S.C. § 1227(a).  Under the nomenclature used in the INA, “section” refers to the entire statute, e.g., 8 U.S.C. § 1182, “subsection” refers to the lettered subdivision, e.g., 8 U.S.C. § 1182(a), and paragraph can refer to any lesser division of a statute, e.g., 8 U.S.C. § 1182(a)(1) and 8 U.S.C. § 1182(a)(1)(A).  See INA § 237(c), 8 U.S.C. § 1227(c).

[189] INA § 237(a)(3)(D)(ii), 8 U.S.C. § 1227(a)(3)(D)(ii).

[190] Child Citizenship Act of 2000, § 201(b)(2), Pub. L. 106-395, Act of Oct. 30, 2000, 114 Stat. 1631.

[191] Child Citizenship Act of 2000, § 201(b)(3), Pub. L. 106-395, Act of Oct. 30, 2000, 114 Stat. 1631.