; and (B) if such an application is submitted, may not remove the individual until a final administrative determination is made on such application. (3) Aliens in removal proceedings Notwithstanding any other provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) if an alien is in removal, deportation, or exclusion proceedings during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in subsection (c)(1) and is prima facie eligible for temporary resident status under this section, upon motion by the Secretary of Homeland Security and with the consent of the alien or upon motion by the alien, the Executive Office for Immigration Review shall— (A) terminate such proceedings without prejudice to future proceedings; and (B) permit the alien a reasonable opportunity to apply for such status. (4) Period pending adjudication of application During the period beginning on the date on which an alien applies for temporary resident status under this section and ending on the date on which the Secretary of Homeland Security makes a final decision regarding such application, the alien— (A) is eligible to apply for advance parole; (B) may not be detained by the Secretary or Homeland Security or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for temporary resident status; (C) shall not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) )