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General believes it will aid in making a decision, the Attorney General may
require, specifically or by regulation, in a case or class of cases, that an ad-
ditional immigration officer be assigned to present the evidence for the Gov-
ernment. The additional immigration officer may present evidence and inter-
rogate, examine, and cross-examine the alien and witnesses. The assignment
of an additional immigration officer does not affect the authority of the im-
migration judge conducting the proceeding.
(2) The alien shall have a reasonable opportunity to examine the evidence
against the alien, present evidence, and cross-examine witnesses presented
by the Government.
(g) BURDEN OF PROOF.—The alien has the burden of proof of establish-
ing the alien’s time, place, and manner of entry into the United States. In
presenting the proof, the alien is entitled to the production of the alien’s
visa or other entry document and, unless considered confidential by the At-
torney General, any other relevant record in the custody of the Attorney
General. An alien who fails to sustain the burden of proof is presumed to
be in the United States in violation of law.
(h) DECISIONS AND ORDERS.—If authorized by the Attorney General, the
immigration judge shall make decisions on the deportability of aliens and
issue orders of deportation. A decision that an alien is deportable may be
made only on a record made in a proceeding before an immigration judge,
and is valid only if based on reasonable, substantial, and probative evidence.
If an alien is ordered deported under any law or treaty, the decision of the
Attorney General is final.
(i) DEPORTATION ORDERED IN ABSENTIA.—(1) An alien who does not
attend the alien’s proceeding under this section shall be ordered deported
in absentia, if the Attorney General establishes by clear, unequivocal, and
convincing evidence that—
(A) the notice required by subsection (c)(3) and (4) of this section
was provided; and
(B) the alien is deportable.
(2) The notice referred to in paragraph (1)(A) of this subsection is suffi-
cient if provided at the most recent address provided under subsection
(c)(2)(F) of this section. No notice is required if the alien has not provided
the address required by subsection (c)(2)(F).
(3)(A) A deportation order issued under this subsection may be rescinded
only on a motion to reopen—
(i) filed not later than 180 days after the date of the order if the
alien demonstrates that the failure to attend was because of exceptional
circumstances; or
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(ii) filed at any time if the alien demonstrates that the alien did not
receive the notice required by subsection (c)(3) and (4) of this section
or that the alien was in the custody of a State or the Government and
did not attend through no fault of the alien.
(B) A motion filed under this paragraph stays the deportation of the alien
pending disposition of the motion.
(4) Notwithstanding section 6536 of this title, a petition for review under
section 6536 of a deportation order issued in absentia under this sub-
section—
(A) must be filed not later than 60 days (or 30 days if the alien
has been convicted of an aggravated felony) after the date of the final
order of deportation; and
(B) except as provided in section 6536(b)(5) of this title, shall be
limited to the issues of—
(i) the validity of the notice provided to the alien;
(ii) the reasons for the alien’s failure to attend; and
(iii) whether clear, unequivocal, and convincing evidence of de-
portability has been established.
(j) FINGERPRINTS AND PHOTOGRAPHS.—The Attorney General shall pre-
scribe regulations providing for the fingerprinting and photographing of
each alien at least 14 years of age against whom a deportation proceeding
is begun. The fingerprints and photographs shall be made available, on re-
quest, to law enforcement agencies of the Government, States, and localities.
(k) ADDITIONAL REGULATIONS AND EXCLUSIVITY OF PROCEDURE.—(1)
A proceeding under this section shall be conducted under regulations the At-
torney General shall prescribe that are consistent with this section.
(2) The procedure provided in this section and by regulations prescribed
under this section is the only procedure for deciding on the deportability of
an alien under this section.
(l ) REGULATIONS ON MOTIONS TO REOPEN AND TO RECONSIDER AND
ON ADMINISTRATIVE APPEALS.—Not later than May 29, 1991, the Attor-
ney General shall prescribe regulations on—
(1) the number of motions to reopen and to reconsider that may be
filed in a deportation proceeding and the time during which they may
be filed;
(2) the number of administrative appeals that may be filed in a de-
portation proceeding, the items to be included in notices of appeal, and
the time during which the appeals and the appellate and reply briefs
may be filed; and
(3) the consolidation of motions to reopen and to reconsider with the
appeal of the order of deportation.
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§ 6533. Expeditious proceedings for convicted aliens
(a) GENERAL.—If an alien is convicted of an offense that makes the alien
deportable, the Attorney General shall begin a deportation proceeding
against the alien as expeditiously as possible after the date of the conviction.
(b) ALIENS CONVICTED OF AGGRAVATED FELONIES.—(1) The Attorney
General shall provide for the availability of special deportation proceedings
at certain correctional facilities of the United States Government, States,
and localities for aliens convicted after November 17, 1988, of aggravated
felonies. Each proceeding shall be conducted—
(A) under section 6532 of this title, except as otherwise provided in
this section;
(B) in a way that eliminates the need for additional detention at a
processing center of the Immigration and Naturalization Service; and
(C) in a way that ensures expeditious deportation, if warranted, after
the alien is released from imprisonment for the felony.
(2) The Attorney General shall provide for beginning and, to the extent
possible, completing a deportation proceeding against an alien convicted
after November 17, 1988, of an aggravated felony, and any administrative
appeals from that proceeding, before the alien is released from imprison-
ment for the felony. This section does not require the Attorney General to
deport an alien sentenced to imprisonment before the alien is released from
imprisonment.
(c) NON-PERMANENT RESIDENTS CONVICTED OF AGGRAVATED FELO-
NIES.—(1) The Attorney General may conduct a deportation proceeding and
issue an order of deportation under this subsection or section 6532 of this
title if an alien—
(A) is convicted after entry of an aggravated felony;
(B) is not lawfully admitted for permanent residence when the pro-
ceeding under this subsection is begun; and
(C) is not eligible for relief from deportation.
(2) The Attorney General shall prescribe regulations for the conduct of
a proceeding under this section. The regulations shall provide that—
(A) the alien is entitled to reasonable notice of the charges and of
the opportunity described in clause (C) of this paragraph;
(B) the alien is entitled to be represented by counsel as provided in
section 6535 of this title;
(C) the alien is entitled to a reasonable opportunity to inspect the
evidence and rebut the charges;
(D) a record shall be maintained for judicial review; and
(E) a final order of deportation may not be adjudicated by the same
individual who issues the charges.