; and (B) by striking court of law and all that follows through the period at the end and inserting court of law. Any such reference shall not be deemed to include any suspension of the imposition or execution of that imprisonment or sentence in whole or in part. (i) For purposes of this Act, and notwithstanding subsection (a)(43), the Secretary of Homeland Security may treat any conviction that did not result in incarceration for more than 1 year as if such conviction were not a conviction for an aggravated felony. . 904. Eliminating retroactive changes in removal grounds (a) Application of aggravated felony definition The last sentence of section 101(a)(43) ( 8 U.S.C. 1101(a)(43) ) is amended to read as follows: The term shall not apply to any offense that was not covered by the term on the date on which the offense occurred. . (b) Grounds of deportability Section 237 ( 8 U.S.C. 1227 ) is amended by adding at the end the following: (e) Notwithstanding any other provision of this section, an alien is not deportable by reason of committing any offense that was not a ground of deportability on the date the offense occurred. . (c) Grounds of inadmissibility Section 212 ( 8 U.S.C. 1182 ) is amended by adding at the end the following: (u) Notwithstanding any other provision of this section, an alien is not inadmissible by reason of committing any offense that was not a ground of inadmissibility on the date the offense occurred. . 905. Eliminating unfair retroactive changes in removal rules for persons previously removed (a) In general The Secretary of Homeland Security shall establish a process by which an alien described in subsection (b) may apply for reopening a proceeding so as to seek relief from exclusion, deportation, or removal under section 212(c) of the Immigration and Nationality Act ( 8 U.S.C. 1182(c) ), as such section was in effect prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 ( Public Law 104–132 ), or section 240A of the Immigration and Nationality Act ( 8 U.S.C.