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eral, State, and local law enforcement and correc-
tional agencies and courts with respect to the arrest,
conviction, and release of any alien charged with an
aggravated felony; and
‘‘(C) which uses computer resources to main-
tain a current record of aliens who have been con-
victed of an aggravated felony, and indicates those
who have been removed.
‘‘(2) The record under paragraph (1)(C) shall be
made available—
‘‘(A) to inspectors at ports of entry and to bor-
der patrol agents at sector headquarters for pur-
poses of immediate identification of any alien who
was previously ordered removed and is seeking to re-
enter the United States, and
‘‘(B) to officials of the Department of State for
use in its automated visa lookout system.
‘‘(3) Upon the request of the governor or chief execu-
tive officer of any State, the Service shall provide assist-
ance to State courts in the identification of aliens unlaw-
fully present in the United States pending criminal pros-
ecution.
‘‘(e) JUDICIAL REVIEW.—The Attorney General’s
discretionary judgment regarding the application of this
section shall not be subject to review. No court may set
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aside any action or decision by the Attorney General under
this section regarding the detention or release of any alien
or the grant, revocation, or denial of bond or parole.’’.
(b) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendment made by
subsection (a) shall become effective on the title III–
A effective date.
(2) NOTIFICATION
REGARDING
CUSTODY.—If
the Attorney General, not later than 10 days after
the date of the enactment of this Act, notifies in
writing the Committees on the Judiciary of the
House of Representatives and the Senate that there
is insufficient detention space and Immigration and
Naturalization Service personnel available to carry
out section 236(c) of the Immigration and National-
ity Act, as amended by subsection (a), or the amend-
ments made by section 440(c) of Public Law 104–
132, the provisions in paragraph (3) shall be in ef-
fect for a 1-year period beginning on the date of
such notification, instead of such section or such
amendments. The Attorney General may extend
such 1-year period for an additional year if the At-
torney General provides the same notice not later
than 10 days before the end of the first 1-year pe-
riod. After the end of such 1-year or 2-year periods,
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the provisions of such section 236(c) shall apply to
individuals released after such periods.
(3) TRANSITION PERIOD CUSTODY RULES.—
(A) IN GENERAL.—During the period in
which this paragraph is in effect pursuant to
paragraph (2), the Attorney General shall take
into custody any alien who—
(i) has been convicted of an aggra-
vated felony (as defined under section
101(a)(43) of the Immigration and Nation-
ality Act, as amended by section 321 of
this division),
(ii) is inadmissible by reason of hav-
ing committed any offense covered in sec-
tion 212(a)(2) of such Act,
(iii) is deportable by reason of having
committed any offense covered in section
241(a)(2)(A)(ii), (A)(iii), (B), (C), or (D)
of such Act (before redesignation under
this subtitle), or
(iv) is inadmissible under section
212(a)(3)(B) of such Act or deportable
under section 241(a)(4)(B) of such Act
(before redesignation under this subtitle),
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when the alien is released, without regard to
whether the alien is released on parole, super-
vised release, or probation, and without regard
to whether the alien may be arrested or impris-
oned again for the same offense.
(B) RELEASE.—The Attorney General may
release the alien only if the alien is an alien de-
scribed in subparagraph (A)(ii) or (A)(iii)
and—
(i) the alien was lawfully admitted to
the United States and satisfies the Attor-
ney General that the alien will not pose a
danger to the safety of other persons or of
property and is likely to appear for any
scheduled proceeding, or
(ii) the alien was not lawfully admit-
ted to the United States, cannot be re-
moved because the designated country of
removal will not accept the alien, and satis-
fies the Attorney General that the alien
will not pose a danger to the safety of
other persons or of property and is likely
to appear for any scheduled proceeding.
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SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF RE-
MOVAL AND ADJUSTMENT OF STATUS; VOL-
UNTARY DEPARTURE (REVISED AND NEW
SECTIONS 239 TO 240C).
(a) IN GENERAL.—Chapter 4 of title II is amended—
(1) by redesignating section 239 (8 U.S.C.
1229) as section 234 and by moving such section to
immediately follow section 233;
(2) by redesignating section 240 (8 U.S.C.
1230) as section 240C; and
(3) by inserting after section 238 the following
new sections:
‘‘INITIATION OF REMOVAL PROCEEDINGS
‘‘SEC. 239. (a) NOTICE TO APPEAR.—
‘‘(1) IN
GENERAL.—In removal proceedings
under section 240, written notice (in this section re-
ferred to as a ‘notice to appear’) shall be given in
person to the alien (or, if personal service is not
practicable, through service by mail to the alien or
to the alien’s counsel of record, if any) specifying the
following:
‘‘(A) The nature of the proceedings against
the alien.
‘‘(B) The legal authority under which the
proceedings are conducted.
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‘‘(C) The acts or conduct alleged to be in
violation of law.
‘‘(D) The charges against the alien and the
statutory provisions alleged to have been vio-
lated.
‘‘(E) The alien may be represented by
counsel and the alien will be provided (i) a pe-
riod of time to secure counsel under subsection
(b)(1) and (ii) a current list of counsel prepared
under subsection (b)(2).
‘‘(F)(i) The requirement that the alien
must immediately provide (or have provided)
the Attorney General with a written record of
an address and telephone number (if any) at
which the alien may be contacted respecting
proceedings under section 240.
‘‘(ii) The requirement that the alien must
provide the Attorney General immediately with
a written record of any change of the alien’s ad-
dress or telephone number.
‘‘(iii) The consequences under section
240(b)(5) of failure to provide address and tele-
phone information pursuant to this subpara-
graph.
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‘‘(G)(i) The time and place at which the
proceedings will be held.
‘‘(ii) The consequences under section
240(b)(5) of the failure, except under excep-
tional circumstances, to appear at such proceed-
ings.
‘‘(2) NOTICE OF CHANGE IN TIME OR PLACE OF
PROCEEDINGS.—
‘‘(A) IN GENERAL.—In removal proceed-
ings under section 240, in the case of any
change or postponement in the time and place
of such proceedings, subject to subparagraph
(B) a written notice shall be given in person to
the alien (or, if personal service is not prac-
ticable, through service by mail to the alien or
to the alien’s counsel of record, if any) specify-
ing—
‘‘(i) the new time or place of the pro-
ceedings, and
‘‘(ii) the consequences under section
240(b)(5) of failing, except under excep-
tional circumstances, to attend such pro-
ceedings.
‘‘(B) EXCEPTION.—In the case of an alien
not in detention, a written notice shall not be
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required under this paragraph if the alien has
failed to provide the address required under
paragraph (1)(F).
‘‘(3) CENTRAL ADDRESS FILES.—The Attorney
General shall create a system to record and preserve
on a timely basis notices of addresses and telephone
numbers (and changes) provided under paragraph
(1)(F).
‘‘(b) SECURING OF COUNSEL.—
‘‘(1) IN GENERAL.—In order that an alien be
permitted the opportunity to secure counsel before
the first hearing date in proceedings under section
240, the hearing date shall not be scheduled earlier
than 10 days after the service of the notice to ap-
pear, unless the alien requests in writing an earlier
hearing date.
‘‘(2) CURRENT LISTS OF COUNSEL.—The Attor-
ney General shall provide for lists (updated not less
often than quarterly) of persons who have indicated
their availability to represent pro bono aliens in pro-
ceedings under section 240. Such lists shall be pro-
vided under subsection (a)(1)(E) and otherwise
made generally available.
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in
this subsection may be construed to prevent the At-
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torney General from proceeding against an alien
pursuant to section 240 if the time period described
in paragraph (1) has elapsed and the alien has failed
to secure counsel.
‘‘(c) SERVICE BY MAIL.—Service by mail under this
section shall be sufficient if there is proof of attempted
delivery to the last address provided by the alien in accord-
ance with subsection (a)(1)(F).
‘‘(d) PROMPT INITIATION OF REMOVAL.—(1) In the
case of an alien who is convicted of an offense which
makes the alien deportable, the Attorney General shall
begin any removal proceeding as expeditiously as possible
after the date of the conviction.
‘‘(2) Nothing in this subsection shall be construed to
create any substantive or procedural right or benefit that
is legally enforceable by any party against the United
States or its agencies or officers or any other person.
‘‘REMOVAL PROCEEDINGS
‘‘SEC. 240. (a) PROCEEDING.—
‘‘(1) IN GENERAL.—An immigration judge shall
conduct proceedings for deciding the inadmissibility
or deportability of an alien.
‘‘(2) CHARGES.—An alien placed in proceedings
under this section may be charged with any applica-
ble ground of inadmissibility under section 212(a) or
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any applicable ground of deportability under section
237(a).
‘‘(3) EXCLUSIVE PROCEDURES.—Unless other-
wise specified in this Act, a proceeding under this
section shall be the sole and exclusive procedure for
determining whether an alien may be admitted to
the United States or, if the alien has been so admit-
ted, removed from the United States. Nothing in
this section shall affect proceedings conducted pur-
suant to section 238.
‘‘(b) CONDUCT OF PROCEEDING.—
‘‘(1) AUTHORITY
OF
IMMIGRATION
JUDGE.—
The immigration judge shall administer oaths, re-
ceive evidence, and interrogate, examine, and cross-
examine the alien and any witnesses. The immigra-
tion judge may issue subpoenas for the attendance
of witnesses and presentation of evidence. The immi-
gration judge shall have authority (under regulations
prescribed by the Attorney General) to sanction by
civil money penalty any action (or inaction) in con-
tempt of the judge’s proper exercise of authority
under this Act.
‘‘(2) FORM OF PROCEEDING.—
‘‘(A) IN GENERAL.—The proceeding may
take place—
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‘‘(i) in person,
‘‘(ii) where agreed to by the parties,
in the absence of the alien,
‘‘(iii) through video conference, or
‘‘(iv) subject to subparagraph (B),
through telephone conference.
‘‘(B) CONSENT
REQUIRED
IN
CERTAIN
CASES.—An evidentiary hearing on the merits
may only be conducted through a telephone con-
ference with the consent of the alien involved
after the alien has been advised of the right to
proceed in person or through video conference.
‘‘(3) PRESENCE OF ALIEN.—If it is impractica-
ble by reason of an alien’s mental incompetency for
the alien to be present at the proceeding, the Attor-
ney General shall prescribe safeguards to protect the
rights and privileges of the alien.
‘‘(4) ALIENS RIGHTS IN PROCEEDING.—In pro-
ceedings under this section, under regulations of the
Attorney General—
‘‘(A) the alien shall have the privilege of
being represented, at no expense to the Govern-
ment, by counsel of the alien’s choosing who is
authorized to practice in such proceedings,
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‘‘(B) the alien shall have a reasonable op-
portunity to examine the evidence against the
alien, to present evidence on the alien’s own be-
half, and to cross-examine witnesses presented
by the Government but these rights shall not
entitle the alien to examine such national secu-
rity information as the Government may proffer
in opposition to the alien’s admission to the
United States or to an application by the alien
for discretionary relief under this Act, and
‘‘(C) a complete record shall be kept of all
testimony and evidence produced at the pro-
ceeding.
‘‘(5) CONSEQUENCES
OF
FAILURE
TO
AP-
PEAR.—
‘‘(A) IN GENERAL.—Any alien who, after
written notice required under paragraph (1) or
(2) of section 239(a) has been provided to the
alien or the alien’s counsel of record, does not
attend a proceeding under this section, shall be
ordered removed in absentia if the Service es-
tablishes by clear, unequivocal, and convincing
evidence that the written notice was so provided
and that the alien is removable (as defined in
subsection (e)(2)). The written notice by the
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Attorney General shall be considered sufficient
for purposes of this subparagraph if provided at
the most recent address provided under section
239(a)(1)(F).
‘‘(B) NO NOTICE IF FAILURE TO PROVIDE
ADDRESS
INFORMATION.—No written notice
shall be required under subparagraph (A) if the
alien has failed to provide the address required
under section 239(a)(1)(F).
‘‘(C) RESCISSION
OF
ORDER.—Such an
order may be rescinded only—
‘‘(i) upon a motion to reopen filed
within 180 days after the date of the order
of removal if the alien demonstrates that
the failure to appear was because of excep-
tional circumstances (as defined in sub-
section (e)(1)), or
‘‘(ii) upon a motion to reopen filed at
any time if the alien demonstrates that the
alien did not receive notice in accordance
with paragraph (1) or (2) of section 239(a)
or the alien demonstrates that the alien
was in Federal or State custody and the
failure to appear was through no fault of
the alien.
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The filing of the motion to reopen described in
clause (i) or (ii) shall stay the removal of the
alien pending disposition of the motion by the
immigration judge.
‘‘(D) EFFECT ON JUDICIAL REVIEW.—Any
petition for review under section 242 of an
order entered in absentia under this paragraph
shall (except in cases described in section
242(b)(5)) be confined to (i) the validity of the
notice provided to the alien, (ii) the reasons for
the alien’s not attending the proceeding, and
(iii) whether or not the alien is removable.
‘‘(E) ADDITIONAL APPLICATION TO CER-
TAIN ALIENS IN CONTIGUOUS TERRITORY.—The
preceding provisions of this paragraph shall
apply to all aliens placed in proceedings under
this section, including any alien who remains in
a contiguous foreign territory pursuant to sec-
tion 235(b)(2)(C).
‘‘(6) TREATMENT OF FRIVOLOUS BEHAVIOR.—
The Attorney General shall, by regulation—
‘‘(A) define in a proceeding before an im-
migration judge or before an appellate adminis-
trative body under this title, frivolous behavior
for which attorneys may be sanctioned,
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‘‘(B) specify the circumstances under
which an administrative appeal of a decision or
ruling will be considered frivolous and will be
summarily dismissed, and
‘‘(C) impose appropriate sanctions (which
may include suspension and disbarment) in the
case of frivolous behavior.
Nothing in this paragraph shall be construed as limiting
the authority of the Attorney General to take actions with
respect to inappropriate behavior.
‘‘(7) LIMITATION
ON
DISCRETIONARY
RELIEF
FOR FAILURE TO APPEAR.—Any alien against whom
a final order of removal is entered in absentia under
this subsection and who, at the time of the notice
described in paragraph (1) or (2) of section 239(a),
was provided oral notice, either in the alien’s native
language or in another language the alien under-
stands, of the time and place of the proceedings and
of the consequences under this paragraph of failing,
other than because of exceptional circumstances (as
defined in subsection (e)(1)) to attend a proceeding
under this section, shall not be eligible for relief
under section 240A, 240B, 245, 248, or 249 for a
period of 10 years after the date of the entry of the
final order of removal.
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‘‘(c) DECISION AND BURDEN OF PROOF.—
‘‘(1) DECISION.—
‘‘(A) IN GENERAL.—At the conclusion of
the proceeding the immigration judge shall de-
cide whether an alien is removable from the
United States. The determination of the immi-
gration judge shall be based only on the evi-
dence produced at the hearing.
‘‘(B) CERTAIN MEDICAL DECISIONS.—If a
medical officer or civil surgeon or board of med-
ical officers has certified under section 232(b)
that an alien has a disease, illness, or addiction
which would make the alien inadmissible under
paragraph (1) of section 212(a), the decision of
the immigration judge shall be based solely
upon such certification.
‘‘(2) BURDEN
ON
ALIEN.—In the proceeding
the alien has the burden of establishing—
‘‘(A) if the alien is an applicant for admis-
sion, that the alien is clearly and beyond doubt
entitled to be admitted and is not inadmissible
under section 212; or
‘‘(B) by clear and convincing evidence, that
the alien is lawfully present in the United
States pursuant to a prior admission.
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In meeting the burden of proof under subparagraph
(B), the alien shall have access to the alien’s visa or
other entry document, if any, and any other records
and documents, not considered by the Attorney Gen-
eral to be confidential, pertaining to the alien’s ad-
mission or presence in the United States.
‘‘(3) BURDEN ON SERVICE IN CASES OF DE-
PORTABLE ALIENS.—
‘‘(A) IN GENERAL.—In the proceeding the
Service has the burden of establishing by clear
and convincing evidence that, in the case of an
alien who has been admitted to the United
States, the alien is deportable. No decision on
deportability shall be valid unless it is based
upon reasonable, substantial, and probative evi-
dence.
‘‘(B) PROOF
OF
CONVICTIONS.—In any
proceeding under this Act, any of the following
documents or records (or a certified copy of
such an official document or record) shall con-
stitute proof of a criminal conviction:
‘‘(i) An official record of judgment
and conviction.
‘‘(ii) An official record of plea, verdict,
and sentence.
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‘‘(iii) A docket entry from court
records that indicates the existence of the
conviction.
‘‘(iv) Official minutes of a court pro-
ceeding or a transcript of a court hearing
in which the court takes notice of the exist-
ence of the conviction.
‘‘(v) An abstract of a record of convic-
tion prepared by the court in which the
conviction was entered, or by a State offi-
cial associated with the State’s repository
of criminal justice records, that indicates
the charge or section of law violated, the
disposition of the case, the existence and
date of conviction, and the sentence.
‘‘(vi) Any document or record pre-
pared by, or under the direction of, the
court in which the conviction was entered
that indicates the existence of a conviction.
‘‘(vii) Any document or record attest-
ing to the conviction that is maintained by
an official of a State or Federal penal in-
stitution, which is the basis for that insti-
tution’s authority to assume custody of the
individual named in the record.
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‘‘(C) ELECTRONIC RECORDS.—In any pro-
ceeding under this Act, any record of conviction
or abstract that has been submitted by elec-
tronic means to the Service from a State or
court shall be admissible as evidence to prove a
criminal conviction if it is—
‘‘(i) certified by a State official associ-
ated with the State’s repository of criminal
justice records as an official record from
its repository or by a court official from
the court in which the conviction was en-
tered as an official record from its reposi-
tory, and
‘‘(ii) certified in writing by a Service
official as having been received electroni-
cally from the State’s record repository or
the court’s record repository.
A certification under clause (i) may be by
means of a computer-generated signature and
statement of authenticity.
‘‘(4) NOTICE.—If the immigration judge de-
cides that the alien is removable and orders the alien
to be removed, the judge shall inform the alien of
the right to appeal that decision and of the con-
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sequences for failure to depart under the order of re-
moval, including civil and criminal penalties.
‘‘(5) MOTIONS TO RECONSIDER.—
‘‘(A) IN GENERAL.—The alien may file one
motion to reconsider a decision that the alien is
removable from the United States.
‘‘(B) DEADLINE.—The motion must be
filed within 30 days of the date of entry of a
final administrative order of removal.
‘‘(C) CONTENTS.—The motion shall speci-
fy the errors of law or fact in the previous order
and shall be supported by pertinent authority.
‘‘(6) MOTIONS TO REOPEN.—
‘‘(A) IN GENERAL.—An alien may file one
motion to reopen proceedings under this sec-
tion.
‘‘(B) CONTENTS.—The motion to reopen
shall state the new facts that will be proven at
a hearing to be held if the motion is granted,
and shall be supported by affidavits or other
evidentiary material.
‘‘(C) DEADLINE.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in this subparagraph, the motion to
reopen shall be filed within 90 days of the
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date of entry of a final administrative
order of removal.
‘‘(ii) ASYLUM.—There is no time limit
on the filing of a motion to reopen if the
basis of the motion is to apply for relief
under sections 208 or 241(b)(3) and is
based on changed country conditions aris-
ing in the country of nationality or the
country to which removal has been or-
dered, if such evidence is material and was
not available and would not have been dis-
covered or presented at the previous pro-
ceeding.
‘‘(iii) FAILURE TO APPEAR.—The fil-
ing of a motion to reopen an order entered
pursuant to subsection (b)(5) is subject to
the deadline specified in subparagraph (C)
of such subsection.
‘‘(d) STIPULATED REMOVAL.—The Attorney General
shall provide by regulation for the entry by an immigration
judge of an order of removal stipulated to by the alien
(or the alien’s representative) and the Service. A stipu-
lated order shall constitute a conclusive determination of
the alien’s removability from the United States.
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‘‘(e) DEFINITIONS.—In this section and section
240A:
‘‘(1) 
EXCEPTIONAL
CIRCUMSTANCES.—The
term ‘exceptional circumstances’ refers to excep-
tional circumstances (such as serious illness of the
alien or serious illness or death of the spouse, child,
or parent of the alien, but not including less compel-
ling circumstances) beyond the control of the alien.
‘‘(2) 
REMOVABLE.—The 
term 
‘removable’
means—
‘‘(A) in the case of an alien not admitted
to the United States, that the alien is inadmis-
sible under section 212, or
‘‘(B) in the case of an alien admitted to
the United States, that the alien is deportable
under section 237.
‘‘CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS
‘‘SEC. 240A. (a) CANCELLATION OF REMOVAL FOR
CERTAIN PERMANENT RESIDENTS.—The Attorney Gen-
eral may cancel removal in the case of an alien who is
inadmissible or deportable from the United States if the
alien—
‘‘(1) has been an alien lawfully admitted for
permanent residence for not less than 5 years,
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‘‘(2) has resided in the United States continu-
ously for 7 years after having been admitted in any
status, and
‘‘(3) has not been convicted of any aggravated
felony.
‘‘(b) CANCELLATION OF REMOVAL AND ADJUSTMENT
OF
STATUS
FOR
CERTAIN
NONPERMANENT
RESI-
DENTS.—
‘‘(1) IN GENERAL.—The Attorney General may
cancel removal in the case of an alien who is inad-
missible or deportable from the United States if the
alien—
‘‘(A) has been physically present in the
United States for a continuous period of not
less than 10 years immediately preceding the
date of such application;
‘‘(B) has been a person of good moral
character during such period;
‘‘(C) has not been convicted of an offense
under 
section 
212(a)(2), 
237(a)(2), 
or
237(a)(3); and
‘‘(D) establishes that removal would result
in exceptional and extremely unusual hardship
to the alien’s spouse, parent, or child, who is a
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citizen of the United States or an alien lawfully
admitted for permanent residence.
‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR
CHILD.—The Attorney General may cancel removal
in the case of an alien who is inadmissible or deport-
able from the United States if the alien dem-
onstrates that—
‘‘(A) the alien has been battered or sub-
jected to extreme cruelty in the United States
by a spouse or parent who is a United States
citizen or lawful permanent resident (or is the
parent of a child of a United States citizen or
lawful permanent resident and the child has
been battered or subjected to extreme cruelty in
the United States by such citizen or permanent
resident parent);
‘‘(B) the alien has been physically present
in the United States for a continuous period of
not less than 3 years immediately preceding the
date of such application;
‘‘(C) the alien has been a person of good
moral character during such period;
‘‘(D) the alien is not inadmissible under
paragraph (2) or (3) of section 212(a), is not
deportable under paragraph (1)(G) or (2)
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through (4) of section 237(a), and has not been
convicted of an aggravated felony; and
‘‘(E) the removal would result in extreme
hardship to the alien, the alien’s child, or (in
the case of an alien who is a child) to the
alien’s parent.
In acting on applications under this paragraph, the
Attorney General shall consider any credible evi-
dence relevant to the application. The determination
of what evidence is credible and the weight to be
given that evidence shall be within the sole discretion
of the Attorney General.
‘‘(3) ADJUSTMENT OF STATUS.—The Attorney
General may adjust to the status of an alien lawfully
admitted for permanent residence any alien who the
Attorney General determines meets the requirements
of paragraph (1) or (2). The number of adjustments
under this paragraph shall not exceed 4,000 for any
fiscal year. The Attorney General shall record the
alien’s lawful admission for permanent residence as
of the date the Attorney General’s cancellation of re-
moval under paragraph (1) or (2) or determination
under this paragraph.
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‘‘(c) ALIENS INELIGIBLE FOR RELIEF.—The provi-
sions of subsections (a) and (b)(1) shall not apply to any
of the following aliens:
‘‘(1) An alien who entered the United States as
a crewman subsequent to June 30, 1964.
‘‘(2) An alien who was admitted to the United
States as a nonimmigrant exchange alien as defined
in section 101(a)(15)(J), or has acquired the status
of such a nonimmigrant exchange alien after admis-
sion, in order to receive graduate medical education
or training, regardless of whether or not the alien is
subject to or has fulfilled the two-year foreign resi-
dence requirement of section 212(e).
‘‘(3) An alien who—
‘‘(A) was admitted to the United States as
a nonimmigrant exchange alien as defined in
section 101(a)(15)(J) or has acquired the sta-
tus of such a nonimmigrant exchange alien
after admission other than to receive graduate
medical education or training,
‘‘(B) is subject to the two-year foreign res-
idence requirement of section 212(e), and
‘‘(C) has not fulfilled that requirement or
received a waiver thereof.
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‘‘(4) An alien who is inadmissible under section
212(a)(3) or deportable under section 237(a)(4).
‘‘(5) An alien who is described in section
241(b)(3)(B)(i).
‘‘(6) An alien whose removal has previously
been cancelled under this section or whose deporta-
tion was suspended under section 244(a) or who has
been granted relief under section 212(c), as such
sections were in effect before the date of the enact-
ment of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996.
‘‘(d) SPECIAL RULES RELATING
TO CONTINUOUS
RESIDENCE OR PHYSICAL PRESENCE.—
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—
For purposes of this section, any period of continu-
ous residence or continuous physical presence in the
United States shall be deemed to end when the alien
is served a notice to appear under section 239(a) or
when the alien has committed an offense referred to
in section 212(a)(2) that renders the alien inadmis-
sible to the United States under section 212(a)(2) or
removable from the United States under section
237(a)(2) or 237(a)(4), whichever is earliest.
‘‘(2) TREATMENT
OF
CERTAIN
BREAKS
IN
PRESENCE.—An alien shall be considered to have
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failed to maintain continuous physical presence in
the United States under subsections (b)(1) and
(b)(2) if the alien has departed from the United
States for any period in excess of 90 days or for any
periods in the aggregate exceeding 180 days.
‘‘(3) CONTINUITY NOT REQUIRED BECAUSE OF
HONORABLE SERVICE IN ARMED FORCES AND PRES-
ENCE
UPON
ENTRY
INTO
SERVICE.—The require-
ments of continuous residence or continuous physical
presence in the United States under subsections (a)
and (b) shall not apply to an alien who—
‘‘(A) has served for a minimum period of
24 months in an active-duty status in the
Armed Forces of the United States and, if sep-
arated from such service, was separated under
honorable conditions, and
‘‘(B) at the time of the alien’s enlistment
or induction was in the United States.
‘‘(e) ANNUAL LIMITATION.—The Attorney General
may not cancel the removal and adjust the status under
this section, nor suspend the deportation and adjust the
status under section 244(a) (as in effect before the enact-
ment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996), of a total of more than 4,000
aliens in any fiscal year. The previous sentence shall apply
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regardless of when an alien applied for such cancellation
and adjustment and whether such an alien had previously
applied for suspension of deportation under such section
244(a).
‘‘VOLUNTARY DEPARTURE
‘‘SEC. 240B. (a) CERTAIN CONDITIONS.—
‘‘(1) IN GENERAL.—The Attorney General may
permit an alien voluntarily to depart the United
States at the alien’s own expense under this sub-
section, in lieu of being subject to proceedings under
section 240 or prior to the completion of such pro-
ceedings, if the alien is not deportable under section
237(a)(2)(A)(iii) or section 237(a)(4)(B).
‘‘(2) PERIOD.—Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 120 days.
‘‘(3) BOND.—The Attorney General may re-
quire an alien permitted to depart voluntarily under
this subsection to post a voluntary departure bond,
to be surrendered upon proof that the alien has de-
parted the United States within the time specified.
‘‘(4) TREATMENT OF ALIENS ARRIVING IN THE
UNITED STATES.—In the case of an alien who is ar-
riving in the United States and with respect to
whom proceedings under section 240 are (or would
otherwise be) initiated at the time of such alien’s ar-
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rival, paragraph (1) shall not apply. Nothing in this
paragraph shall be construed as preventing such an
alien from withdrawing the application for admission
in accordance with section 235(a)(4).
‘‘(b) AT CONCLUSION OF PROCEEDINGS.—
‘‘(1) IN GENERAL.—The Attorney General may
permit an alien voluntarily to depart the United
States at the alien’s own expense if, at the conclu-
sion of a proceeding under section 240, the immigra-
tion judge enters an order granting voluntary depar-
ture in lieu of removal and finds that—
‘‘(A) the alien has been physically present
in the United States for a period of at least one
year immediately preceding the date the notice
to appear was served under section 239(a);
‘‘(B) the alien is, and has been, a person
of good moral character for at least 5 years im-
mediately preceding the alien’s application for
voluntary departure;
‘‘(C) the alien is not deportable under sec-
tion 237(a)(2)(A)(iii) or section 237(a)(4); and
‘‘(D) the alien has established by clear and
convincing evidence that the alien has the
means to depart the United States and intends
to do so.
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‘‘(2) PERIOD.—Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 60 days.
‘‘(3) BOND.—An alien permitted to depart vol-
untarily under this subsection shall be required to
post a voluntary departure bond, in an amount nec-
essary to ensure that the alien will depart, to be sur-
rendered upon proof that the alien has departed the
United States within the time specified.
‘‘(c) ALIENS NOT ELIGIBLE.—The Attorney General
shall not permit an alien to depart voluntarily under this
section if the alien was previously permitted to so depart
after having been found inadmissible under section
212(a)(6)(A).
‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—
If an alien is permitted to depart voluntarily under this
section and fails voluntarily to depart the United States
within the time period specified, the alien shall be subject
to a civil penalty of not less than $1,000 and not more
than $5,000, and be ineligible for a period of 10 years
for any further relief under this section and sections 240A,
245, 248, and 249. The order permitting the alien to de-
part voluntarily shall inform the alien of the penalties
under this subsection.
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‘‘(e) ADDITIONAL CONDITIONS.—The Attorney Gen-
eral may by regulation limit eligibility for voluntary depar-
ture under this section for any class or classes of aliens.
No court may review any regulation issued under this sub-
section.
‘‘(f) JUDICIAL REVIEW.—No court shall have juris-
diction over an appeal from denial of a request for an
order of voluntary departure under subsection (b), nor
shall any court order a stay of an alien’s removal pending
consideration of any claim with respect to voluntary depar-
ture.’’.
(b) REPEAL OF SECTION 212(c).—Section 212(c) (8
U.S.C. 1182(c)) is repealed.
(c) 
STREAMLINING
REMOVAL
OF
CRIMINAL
ALIENS.—
(1) IN
GENERAL.—Section 242A(b)(4) (8
U.S.C. 1252a(b)(4)), as amended by section 442(a)
of Public Law 104–132 and before redesignation by
section 308(b)(5) of this division, is amended—
(A) by striking subparagraph (D);
(B) by amending subparagraph (E) to read
as follows:
‘‘(D) a determination is made for the
record that the individual upon whom the notice
for the proceeding under this section is served
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(either in person or by mail) is, in fact, the
alien named in such notice;’’; and
(C) by redesignating subparagraphs (F)
and (G) as subparagraph (E) and (F), respec-
tively.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall be effective as if included in
the enactment of section 442(a) of Public Law 104–
132.
SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED
REMOVED (NEW SECTION 241).
(a) IN GENERAL.—Title II is further amended—
(1) by striking section 237 (8 U.S.C. 1227),
(2) by redesignating section 241 (8 U.S.C.
1251) as section 237 and by moving such section to
immediately follow section 236, and
(3) by inserting after section 240C (as redesig-
nated by section 304(a)(2)) of this division the fol-
lowing new section:
‘‘DETENTION AND REMOVAL OF ALIENS ORDERED
REMOVED
‘‘SEC. 241. (a) DETENTION, RELEASE, AND RE-
MOVAL OF ALIENS ORDERED REMOVED.—
‘‘(1) REMOVAL PERIOD.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this section, when an alien is or-