; and (ii) for purposes of subclauses (II) and (III) of subparagraph (A)(ii), waive consideration of— (I) one misdemeanor offense if the alien has not been convicted of any offense in the 5-year period preceding the date on which the alien applies for adjustment of status under this subsection; or (II) up to two misdemeanor offenses if the alien has not been convicted of any offense in the 10-year period preceding the date on which the alien applies for adjustment of status under this subsection. (D) Authority to conduct secondary review (i) In general Notwithstanding an alien’s eligibility for adjustment of status under this subsection, and subject to the procedures described in this subparagraph, the Secretary of Homeland Security or the Attorney General may, as a matter of non-delegable discretion, provisionally deny an application for adjustment of status if the Secretary or the Attorney General, based on clear and convincing evidence, which shall include credible law enforcement information, determines that the alien is described in clause (ii) or (iv). (ii) Public safety An alien is described in this clause if— (I) excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the alien’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense, the alien— (aa) has been convicted of a misdemeanor offense punishable by a term of imprisonment of more than 30 days; or (bb) has been adjudicated delinquent in a State or local juvenile court proceeding that resulted in a disposition ordering placement in a secure facility