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(A) deportable under any of sections 6506–6509 of this title, except
such an alien whose deportation may be suspended under section
6539(a)(2) of this title; or
(B) deportable because of a conviction, after November 17, 1988, of
an aggravated felony.
(c) DEPARTURE AFTER ORDER OF DEPORTATION.—After an alien is or-
dered deported, the Attorney General may allow the alien to depart volun-
tarily. An alien departing voluntarily after being ordered deported is deemed
to have been deported.
(d) REMOVAL OF ALIEN IN DISTRESS OR IN NEED OF ASSISTANCE.—
(1) If an alien falls into distress or needs public assistance from a cause
that arises after the alien enters the United States, and the alien wants to
be removed from the United States, the Attorney General may remove the
alien to—
(A) the alien’s native country;
(B) the country from which the alien came to the United States;
(C) the country of which the alien is a subject or citizen; or
(D) another country the alien designates if the government of that
country is willing to accept the alien in that country.
(2) An alien removed under paragraph (1) of this subsection may not
apply for or be issued a visa or other entry documentation or admission to
the United States without the Attorney General’s prior approval.
(e) COSTS PAYABLE BY GOVERNMENT.—The Attorney General may pay
from the appropriation ‘‘Immigration and Naturalization Service—Salaries
and Expenses’’ the costs of removing an alien from the United States
under—
(1) subsection (a) of this section if—
(A) the alien is unable to pay; and
(B) the Attorney General believes the alien’s removal is in the
best interest of the United States;
(2) subsection (c) of this section if—
(A) the alien is unable to pay; and
(B) payment is not otherwise provided for under this title; and
(3) subsection (d) of this section.
§ 6541. Ineligibility for discretionary relief for failure to ap-
pear
(a) DEFINITION.—In this section, ‘‘exceptional circumstances’’ has the
same meaning given that term by section 6532(a) of this title.
(b) RELIEF COVERED.—An alien is ineligible for the following relief to
the extent provided in subsections (c)–(f) of this section:
(1) suspension of deportation under section 6539 of this title.
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(2) voluntary departure under section 6540(a) or (b) of this title.
(3) adjustment of status under section 9101 or 9105 of this title.
(4) change of status under section 9109 of this title.
(c) FAILURE TO APPEAR
AT DEPORTATION PROCEEDING.—An alien
against whom a final order of deportation is entered in absentia under sec-
tion 6532 of this title is ineligible for the relief specified by subsection (b)
of this section for 5 years after entry of the final order if, at the time the
notice was required to be given under section 6532(c)(3) and (4), the alien
was given oral notice, in the alien’s native language or another language the
alien understands, of the time and place of the proceeding and the con-
sequences of failing (except for exceptional circumstances) to attend.
(d) FAILURE TO APPEAR FOR VOLUNTARY DEPARTURE.—(1) Subject to
paragraph (2) of this subsection, an alien is ineligible for the relief specified
by subsection (b) of this section for 5 years after the scheduled date of de-
parture or the date of unlawful reentry if the alien—
(A) is allowed to depart voluntarily under section 6540(a) or (b) of
this title; and
(B) remains in the United States after the scheduled date of depar-
ture (except for exceptional circumstances).
(2) Paragraph (1) of this subsection applies to an alien allowed to depart
voluntarily only if, before the departure, the Attorney General has provided
written notice to the alien in English and Spanish, and oral notice, in the
alien’s native language or another language the alien understands, of the
consequences under paragraph (1) of remaining in the United States after
the scheduled date of departure (except for exceptional circumstances).
(e) FAILURE TO APPEAR FOR DEPORTATION.—(1) Subject to paragraph
(2) of this subsection, an alien against whom a final order of deportation
is entered under section 6532 of this title who fails (except for exceptional
circumstances) to appear for deportation at the time and place ordered is
ineligible for the relief specified by subsection (b) of this section for 5 years
after the scheduled date of deportation.
(2) Paragraph (1) of this subsection applies only if the Attorney General
has provided notice in the final order of deportation, and orally in the
alien’s native language or another language the alien understands, of the
consequences under paragraph (1) of failing (except for exceptional cir-
cumstances) to appear for deportation at the time and place ordered.
(f) FAILURE TO APPEAR FOR ASYLUM HEARING.—(1) Subject to para-
graph (2) of this subsection, an alien whose period of any authorized stay
has expired, who has filed an application for asylum, and who fails (except
for exceptional circumstances) to appear at the time and place scheduled for
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the asylum hearing, is ineligible for the relief specified by subsection (b) of
this section for 5 years after the date of the asylum hearing.
(2) Paragraph (1) of this subsection applies only if the alien was given
written notice in English and Spanish, and oral notice in the alien’s native
language or another language the alien understands, of—
(A) the time and place of the asylum hearing and any change in the
time or place; and
(B) the consequences under paragraph (1) of this subsection of fail-
ing (except for exceptional circumstances) to appear.
§ 6542. Duties of private parties and costs of deportation
(a) DUTY TO CARRY OUT DEPORTATION ORDERS.—When ordered by the
Attorney General, the owner, agent, master, commanding officer, charterer,
or consignee of a vessel, aircraft, or vehicle bringing an alien to the United
States shall—
(1) take on board, guard safely, and transport to the destination
specified by the Attorney General, the alien if ordered deported; and
(2) pay the costs of deporting the alien as provided in subsection (b)
of this section.
(b) COSTS PAYABLE BY PRIVATE PARTIES.—(1) Except as provided in
paragraph (2) of this subsection, when an alien in the United States is or-
dered deported, the owner, agent, master, commanding officer, charterer, or
consignee of the vessel, aircraft, or vehicle on which the alien arrived in the
United States shall pay the costs of deporting the alien from the port of
deportation if—
(A) the alien is being deported on a ground that existed before or
at the time of entry and deportation proceedings are begun not later
than 5 years after entry; or
(B) the alien is a crewmember and deportation proceedings are
begun not later than 5 years after the last conditional permit is issued
to the alien to land temporarily under section 2703 of this title.
(2) Paragraph (1) of this subsection does not apply if—
(A) the Attorney General decides it is not practicable to require pay-
ment; or
(B) the alien had an immigrant visa on arrival in the United States
and was inspected and admitted for permanent residence.
(c) COSTS PAYABLE BY GOVERNMENT.—When an alien in the United
States is ordered deported, the Attorney General shall pay from the appro-
priation ‘‘Immigration and Naturalization Service—Salaries and Expenses’’
the costs of—
(1) transporting the alien to the port of deportation in the United
States; and