; and (B) is a national of Cambodia, Laos, or Vietnam; and (C) demonstrates that the alien would not have been subject to detention or removal pursuant to this Act if this Act had been in effect on the date on which such order was issued or the voluntary departure took place (except that the requirement under section 3(a)(3) shall not apply); (2) shall terminate any removal proceedings reopened under paragraph (1) with prejudice and vacate any order of removal entered before the date of enactment of this Act; and (3) shall deem an alien who makes the demonstration under paragraph (1)(C) 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