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§ 6507. Failure to register and falsification of documents
(a) ADDRESS NOTIFICATION.—An alien shall be deported if the alien has
not complied with section 8104 of this title, unless the Attorney General is
satisfied that the noncompliance was reasonably excusable or not willful.
(b) FAILURE TO REGISTER AND FALSIFICATION OF DOCUMENTS.—An
alien shall be deported if the alien has been convicted at any time of—
(1) violating section 10145 of this title;
(2) violating section 36(c) of the Alien Registration Act, 1940;
(3) violating, or attempting or conspiring to violate, the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.);
(4) violating the Act of August 1, 1956 (50 U.S.C. 851 et seq.) or
a regulation under that Act; or
(5) violating, or attempting or conspiring to violate, section 1546 of
title 18.
(c) DOCUMENT FRAUD.—An alien shall be deported if the alien is the
subject of a final order for violating section 10125(b) of this title.
§ 6508. National security
(a) GENERAL.—An alien shall be deported if the alien has engaged or en-
gages in—
(1) an activity to violate—
(A) a law of the United States related to espionage or sabotage;
or
(B) a law prohibiting the export from the United States of
goods, technology, or sensitive information;
(2) any other criminal activity that endangers public safety or the
security of the United States; or
(3) an activity a purpose of which is to oppose, control, or overthrow
the United States Government by force, violence, or other unlawful
means.
(b) TERRORIST ACTIVITIES.—An alien shall be deported if the alien has
engaged or engages in a terrorist activity as defined in section 6308(b) of
this title.
(c) FOREIGN POLICY.—(1) An alien shall be deported if the Secretary of
State has reason to believe that the alien’s presence or activities in the
United States would have potentially serious adverse foreign policy con-
sequences for the United States.
(2) The exceptions described in section 6308(c)(2) and (3) of this title
apply to deportability under this subsection in the same way that they apply
to excludability under section 6308(c)(1).
§ 6509. Participation in Nazi persecution or genocide
An alien described in section 6309 of this title shall be deported.
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§ 6510. Nonapplication of certain grounds to special immi-
grants dependent on juvenile court
The following sections do not apply to a special immigrant as defined in
section 134(a)(12) of this title, based on circumstances that existed before
the date the alien acquired the special immigrant status:
(1) sections 6501(a) and 6504(a), (b), and (d) of this title, except
to the extent related to a ground of exclusion described in sections
6307(a)(1)–(5) or (7), 6308, or 6309 of this title.
(2) section 6507(a) of this title.
SUBCHAPTER II—PROCEDURE
§ 6531. Arrest and detention pending decision on deporta-
tion
(a) ARREST, DETENTION, AND RELEASE.—On a warrant issued by the
Attorney General, an alien may be arrested and detained pending a decision
on deportability. Except as provided in subsection (c) of this section, the
Attorney General, pending a decision on deportability, may—
(1) continue to detain the arrested alien; or
(2) release the alien on—
(A) a bond of at least $500 with security approved by, and con-
taining conditions prescribed by, the Attorney General; or
(B) conditional parole.
(b) REVOCATION OF BOND OR PAROLE.—The Attorney General may re-
voke at any time a bond or parole authorized under subsection (a) of this
section, rearrest the alien under the original warrant, and detain the alien
pending a decision on deportability.
(c) ALIENS CONVICTED OF AGGRAVATED FELONIES.—(1) The Attorney
General shall take into custody an alien convicted after November 17, 1988,
of an aggravated felony when the alien is released, whether the alien is re-
leased on parole, supervised release, or probation or may be arrested or im-
prisoned again for the same offense.
(2) To the maximum extent practicable, the Attorney General shall detain
at one facility aliens convicted after November 17, 1988, of aggravated felo-
nies and taken into custody under paragraph (1) of this subsection. In se-
lecting the facility, the Attorney General shall make a reasonable effort to
ensure that an alien’s right to counsel under section 6535 of this title is
not impaired.
(3) The Attorney General may release the alien only if the alien—
(A) was lawfully admitted to the United States; and
(B) satisfies the Attorney General that the alien is not a threat to
the community and is likely to appear for any scheduled proceeding.
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(d) HABEAS CORPUS.—In a habeas corpus proceeding, a court of com-
petent jurisdiction may review or revise a decision of the Attorney General
about an alien’s detention or release on bond or parole pending a decision
on deportability, if the alien shows conclusively that the Attorney General
is not proceeding with reasonable dispatch under the particular cir-
cumstances to decide whether the alien is deportable.
§ 6532. Deportation proceedings
(a) DEFINITION.—In this section, ‘‘exceptional circumstances’’ means ex-
ceptional circumstances beyond the control of the alien, such as serious ill-
ness of the alien or death of an immediate relative but not including less
compelling circumstances.
(b) PROCEEDING REQUIREMENT.—An immigration judge shall conduct a
proceeding under this section to decide whether an alien is to be deported.
(c) ORDERS TO SHOW CAUSE AND PROCEEDING NOTICES.—(1) In a de-
portation proceeding under this section, an order to show cause shall be
served—
(A) by personal delivery on the alien; or
(B) if personal delivery is not practicable, by certified mail, return
receipt requested, to the alien or any counsel of record of the alien.
(2) The order shall include notice of—
(A) the nature of the proceeding against the alien;
(B) the legal authority under which the proceeding is conducted;
(C) each act or conduct alleged to be in violation of law;
(D) each charge against the alien and the law alleged to have been
violated;
(E) the alien’s right to be represented (at no expense to the United
States Government) by counsel authorized to practice in a deportation
proceeding and to be provided a list of counsel prepared under sub-
section (d)(2) of this section;
(F) the requirement that the alien immediately must provide the At-
torney General a written record of—
(i) an address and telephone number (if any) at which the alien
may be contacted about the proceeding unless the alien has al-
ready provided this information to the Attorney General; and
(ii) any change of address or telephone number; and
(G) the consequences under subsection (i)(2) of this section of failing
to provide the address and telephone information.
(3) In the order to show cause or in a separate written notice served in
the same way as specified by paragraph (1) of this subsection, the alien
shall be notified of—
(A) the time and place of the proceeding;
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(B) the consequences under subsection (i) of this section of failing
(except under exceptional circumstances) to attend the proceeding; and
(C) the right to be represented by counsel at the proceeding and to
be provided a period of time, as specified by subsection (d)(1) of this
section, to retain counsel and to be provided a current list of counsel
prepared under subsection (d)(2) of this section.
(4) If the time or place of the proceeding is changed, a new written notice
shall be served in the same way as specified by paragraph (1) of this sub-
section. The notice shall include the new time or place of the proceeding
and the matters specified by paragraph (3)(B) and (C) of this subsection.
(5) Notice under paragraphs (3) and (4) of this subsection is not required
for an alien not in detention if the alien has not provided an address as
required by paragraph (2)(F) of this subsection.
(6) Each order to show cause and written notice under this subsection
shall be in English and Spanish.
(7) The Attorney General shall maintain a system to record and preserve
on a timely basis notices of addresses and telephone numbers and changes
provided by aliens under paragraph (2)(F) of this subsection.
(d) DATE OF FIRST PROCEEDING AND ASSISTANCE OF COUNSEL.—(1)
To give an alien an opportunity to retain counsel, the first date that a pro-
ceeding under this section may be scheduled for the alien shall be at least
14 days after service of the order to show cause, unless the alien requests
in writing an earlier date.
(2) The Attorney General shall provide lists (updated at least quarterly)
of individuals who have indicated their availability to represent aliens with-
out charge in proceedings under this section. The lists shall be provided as
required by subsection (c)(2)(E) of this section and also shall be made gen-
erally available.
(e) ATTENDANCE OF ALIEN.—(1) An alien shall have a reasonable oppor-
tunity to attend the proceeding for the alien under this section. If it is im-
practicable for the alien to attend because of mental incompetence, the pro-
ceeding may be conducted without the alien. The Attorney General shall
prescribe safeguards for the rights and privileges of an alien who does not
attend because of mental incompetence.
(2) If an alien has been given a reasonable opportunity to attend, and
without reasonable cause does not attend or remain in attendance, the im-
migration judge may conduct the proceeding and decide on the alien’s de-
portation as if the alien had attended.
(f) CONDUCTING PROCEEDINGS.—(1) The immigration judge conducting
a proceeding shall administer oaths, present and receive evidence, and inter-
rogate, examine, and cross-examine the alien and witnesses. If the Attorney