‘‘(A) IN GENERAL.—
‘‘(i) DEADLINE FOR APPOINTMENT.—
Subject to subparagraph (F), the Attorney
General shall appoint for an alien a guard-
ian ad litem described in subparagraph (E)
not later than 30 days after the date on
which all of the conditions described in
subparagraph (D) are fulfilled with respect
to the alien.
‘‘(ii) 
TERMINATION
OF
APPOINT-
MENT.—The guardian ad litem shall carry
out the duties described in subparagraph
(B) until—
‘‘(I) the alien departs from the
United States;
‘‘(II) a final administrative order
with respect to an asylum claim is
made; or
‘‘(III) the alien attains 18 years
of age;
whichever occurs first.
‘‘(iii) NOTICE.—The Attorney General
shall serve notice of all matters affecting
any duty described in subparagraph (B) on
the guardian.
‘‘(B) DUTIES.—The guardian ad litem—
‘‘(i) in connection with an actual or
potential application for asylum by the
alien—
‘‘(I) shall conduct an interview of
the alien in a manner that is appro-
priate, taking into account the alien’s
age;
‘‘(II) shall otherwise investigate
the facts and circumstances relevant
to such an application, including facts
and circumstances arising in the
country of the alien’s nationality or
last habitual residence and facts and
circumstances arising subsequent to
the alien’s departure from such coun-
try; and
‘‘(III) not later than 30 days
after the appointment of the guard-
ian, shall provide to all parties in any
immigration proceeding involving the
alien a report containing the results of
this investigation, a statement of the
wishes of the alien, and the guardian’s
recommendations, and shall provide
subsequent similar reports as nec-
essary;
‘‘(ii) shall advise the alien on whether
the alien should voluntarily depart from
the United States under paragraph (4) or
section 240B;
‘‘(iii) otherwise shall ensure that the
covered alien’s best interests are promoted
while the alien participates in, or is subject
to, proceedings under this section, asylum
proceedings, or removal proceedings under
any provision of this title; and
‘‘(iv) shall ensure that the alien un-
derstands such determinations and pro-
ceedings.
‘‘(C) POWERS.—
‘‘(i) AUTHORITIES.—The guardian ad
litem—
‘‘(I) may be present at all hear-
ings involving the alien that are held
in connection with proceedings under
this section, asylum proceedings, or
removal proceedings under any provi-
sion of this title;
‘‘(II) may review all records and
information related to such pro-
ceedings; and
‘‘(III) 
may 
seek 
independent
evaluations of the alien.
‘‘(ii) LIMITATION.—The guardian ad
litem shall not have authority under this
paragraph to file a petition under this Act
on behalf of the alien in contravention of
the wishes of any parent of the alien.
‘‘(D) MINORS DESCRIBED.—With respect
to an alien, the conditions described in this sub-
paragraph are the following:
‘‘(i) The alien is under 18 years of
age.
‘‘(ii) The alien is deemed to be an ap-
plicant for admission under paragraph (1)
or is a stowaway described in paragraph
(2).
‘‘(iii) The alien is not lawfully in the
physical custody of a natural or adoptive
parent, a stepparent, or any other person
legally authorized to stand in loco parentis.
‘‘(iv) If the alien is a citizen or na-
tional of a foreign state that is not des-
ignated as a state sponsor of terrorism
under section 6(j) of the Export Adminis-
tration Act of 1979 (50 U.S.C. App.
2405(j)) or section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371),
the alien indicates an intention to apply for
asylum or a fear of persecution, or the At-
torney General determines that there is a
significant possibility that the alien could
establish eligibility for asylum.
‘‘(E) GUARDIAN DESCRIBED.—A guardian
ad litem described in this subparagraph is an
individual who—
‘‘(i) is a child welfare professional or
other individual who has received training
in child welfare matters;
‘‘(ii) is recognized by the Attorney
General as being qualified to serve as a
guardian ad litem; and
‘‘(iii) is not an officer or employee of
the Service, is not acting as the alien’s im-
migration attorney, is not a relative of the
alien, and is not a person with a conflict
of interest.