186
ernment of the country of which the alien is a citizen or subject, to
another country.
(e) RESTRICTION WHEN ALIEN’S LIFE
OR FREEDOM WOULD BE
THREATENED.—(1) Notwithstanding subsections (a)–(d) of this section, the
Attorney General may not deport or return an alien to a country if the At-
torney General decides that the alien’s life or freedom would be threatened
in that country because of the alien’s race, religion, nationality, membership
in a particular social group, or political opinion.
(2) Paragraph (1) of this subsection does not apply to an alien deportable
under section 6509 of this title or if the Attorney General decides that—
(A) the alien ordered, incited, assisted, or otherwise participated in
the persecution of an individual on account of the individual’s race, re-
ligion, nationality, membership in a particular social group, or political
opinion;
(B) the alien, having been convicted by a final judgment of a par-
ticularly serious crime (including any aggravated felony), is a danger
to the community of the United States;
(C) there are serious reasons to believe that the alien committed a
serious nonpolitical crime outside the United States before the alien ar-
rived in the United States; or
(D) there are reasonable grounds to believe that the alien is a danger
to the security of the United States.
§ 6539. Suspension of deportation
(a) GROUNDS FOR SUSPENSION.—On application of an alien to the Attor-
ney General, the Attorney General may suspend the deportation of the alien
and adjust the status of the alien under section 9104 of this title to that
of an alien lawfully admitted for permanent residence if—
(1)(A) the alien is deportable under a law of the United States, ex-
cept sections 6506–6508 of this title;
(B) for at least 7 continuous years immediately before applying, the
alien has been—
(i) physically present in the United States; and
(ii) of good moral character;
(C) the alien is of good moral character; and
(D) the Attorney General believes that deporting the alien would
cause extreme hardship to the alien or to the alien’s spouse, parent,
or child if the spouse, parent, or child is a citizen of the United States
or an alien lawfully admitted for permanent residence;
(2)(A) the alien is deportable under any of sections 6506–6508 of
this title;
187
(B) for at least 10 continuous years immediately after the alien com-
mitted an act or acquired a status that is a ground for deportation,
the alien has been—
(i) physically present in the United States; and
(ii) of good moral character;
(C) the alien is of good moral character; and
(D) the Attorney General believes that deporting the alien would
cause exceptional and extremely unusual hardship to the alien or to the
alien’s spouse, parent, or child if the spouse, parent, or child is a citi-
zen of the United States or an alien lawfully admitted for permanent
residence; or
(3)(A) the alien is deportable under a law of the United States, ex-
cept sections 6502(a) and 6506–6508 of this title;
(B) for at least 3 continuous years immediately before applying, the
alien has been—
(i) physically present in the United States; and
(ii) of good moral character;
(C) the alien is of good moral character;
(D) the alien—
(i) has been battered or subjected to extreme cruelty in the
United States by a spouse or parent who is a citizen of the United
States or who is an alien lawfully admitted for permanent resi-
dence; or
(ii) is the parent of a child whose other parent is a citizen of
the United States or an alien lawfully admitted for permanent res-
idence and the child has been battered or subjected to extreme
cruelty in the United States by that other parent; and
(E) the Attorney General believes that deporting the alien would
cause extreme hardship to the alien or to the alien’s parent or child.
(b) INTERRUPTION OF PHYSICAL PRESENCE.—(1) An alien temporarily
absent from the United States is deemed to have maintained continuous
physical presence under subsection (a)(1)(B)(i) and (2)(B)(i) of this section
if the absence was brief, casual, and innocent and did not meaningfully in-
terrupt the continuous physical presence. This subsection does not apply to
an alien removed from the United States before November 6, 1986.
(2) The requirements of subsection (a)(1)(B)(i) and (2)(B)(i) of this sec-
tion do not apply to an alien who—
(A) enlisted or was inducted into the armed forces of the United
States when the alien was in the United States;
(B) served on active duty in the armed forces for at least 24 months;
and