; or (ii) departed the United States pursuant to a grant of voluntary departure under section 240B of the Immigration and Nationality Act ( 8 U.S.C. 1229c ) (regardless of whether or not the alien was ordered removed, deported, or excluded); and (B) demonstrates that the alien— (i) would not have been considered inadmissible, excludable, or deportable under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )) if this Act, and the amendments made by this Act, had been in effect on the date on which such order was issued or the voluntary departure took place; or (ii) would have been eligible to apply for relief from removal, deportation, or exclusion under such laws if this Act, and the amendments made by this Act, had been in effect on the date on which such order was issued or the voluntary departure took place; and (2) shall deem an alien who makes the demonstration under paragraph (1)(B) as not having been removed, deported, excluded, or departed, and as not having failed to depart under a voluntary departure order, for all purposes under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (b) Previously filed application; previous motions To reopen or reconsider The Attorney General may not reject or deny a motion to reconsider or reopen under subsection (a) because— (1) the alien did not include a copy of any previously filed application for relief