229
the administrative record established at the time of the decision and on ad-
ditional or newly discovered evidence not available at the time the decision
was made.
(c) JUDICIAL REVIEW.—Except as provided in subsection (d) of this sec-
tion, a decision made under this chapter denying an adjustment of status
of an alien may be reviewed judicially only by judicial review of an order
of deportation under section 6536 of this title. The review shall be based
only on the administrative record established at the time of the review by
the appellate authority. The findings of fact and decisions contained in the
record of the authority are conclusive unless the applicant establishes abuse
of discretion or that the findings are directly contrary to clear and convinc-
ing facts contained in the record considered as a whole.
(d) NO REVIEW FOR LATE FILING.—A denial of an adjustment of status
under this chapter because an application for the adjustment was filed late
may not be reviewed in an administrative proceeding of the United States
Government or by a court of the United States or a State.
§ 9313. Administrative
(a) REGULATIONS.—After consulting with the Committees on the Judici-
ary of the House of Representatives and the Senate, the Attorney General
shall prescribe—
(1) regulations establishing a definition of ‘‘resided continuously’’ for
this chapter and evidence needed to establish that an alien has resided
continuously in the United States under this chapter; and
(2) other regulations necessary to carry out this chapter.
(b) CONSIDERATIONS.—In prescribing regulations under subsection (a)(1)
of this section, the Attorney General—
(1) shall specify individual and total periods of absence from the
United States that will break a period of continuous residence in the
United States and shall consider any absence that is only a brief and
casual trip outside the United States;
(2) shall provide that—
(A) an alien has not resided continuously in the United States
if the alien was outside the United States, during a period for
which continuous residence is required, because of a deportation
order; and
(B) time during which an alien is outside the United States
under the advance parole procedures of the Attorney General is
not part of the time during which an alien is outside the United
States under this chapter;
(3) may provide for a waiver of the periods specified in clause (1)
of this subsection if the absence is a brief temporary trip outside the
230
United States required by an emergency or extenuating circumstance
outside the control of the alien; and
(4) shall require that continuous residence and physical presence in
the United States be established by documents (employment-related if
available to the alien) and independent corroboration of the information
the documents contain.
PART G—PENALTIES
CHAPTER 101—PENALTIES
SUBCHAPTER I—GENERAL
Sec.
10101.
Settlement, compromise, and discontinuance of certain proceedings.
SUBCHAPTER II—CIVIL PENALTIES
10111.
Violating regulations related to ports of entry for aliens arriving by aircraft.
10112.
Failure to deliver lists of passengers.
10113.
Failure to provide lists and reports about alien crewmembers.
10114.
Failure to control alien crewmembers.
10115.
Improper discharge of alien crewmembers.
10116.
Employing alien crewmembers having disabilities and diseases.
10117.
Employing alien crewmembers for certain longshore work.
10118.
Violations involving certifications for longshore work by alien crewmembers.
10119.
Bringing in aliens excludable because of health.
10120.
Bringing in aliens not having passports and visas.
10121.
Assisting unlawful entry as alien crewmembers.
10122.
Failure to prevent unauthorized landings.
10123.
Failure to deport alien stowaways.
10124.
Failure to carry out orders related to detained aliens and bringing in deported aliens.
10125.
Document fraud.
10126.
Clearing vessels and aircraft.
SUBCHAPTER III—CRIMINAL PENALTIES
10141.
Violating period of conditional landing permit.
10142.
Failure to register and be fingerprinted.
10143.
Failure to carry a certificate of alien registration or alien registration receipt card.
10144.
Failure to provide addresses.
10145.
False and fraudulent registration.
10146.
Counterfeiting alien registration documents.
10147.
Bringing in and harboring aliens.
10148.
Improper entry of aliens.
10149.
Reentry of deported aliens.
10150.
Assisting certain excludable aliens to enter the United States.
10151.
Importing aliens for immoral purposes.
10152.
Violation of supervision pending deportation.
10153.
Willful failure to leave the United States.
10154.
Marriage to evade immigration laws.
10155.
Misrepresentations in applications for adjustment of status.
10156.
Disclosing confidential information in applications.
10157.
Establishing a commercial enterprise to evade immigration laws.
SUBCHAPTER I—GENERAL
§ 10101. Settlement, compromise, and discontinuance of cer-
tain proceedings
A judicial proceeding for violating this title (except subchapter I of chap-
ter 5, subchapters II and III of chapter 131, chapters 133–137, and section
13902) may be settled, compromised, or discontinued only with the consent
of the court. A settlement, compromise, or discontinuance, and the reasons
for it, shall be entered on the record.
231
SUBCHAPTER II—CIVIL PENALTIES
§ 10111. Violating regulations related to ports of entry for
aliens arriving by aircraft
(a) CIVIL PENALTY AND COMPROMISE.—A person violating a regulation
prescribed under section 6901 of this title is liable to the United States
Government for a civil penalty of $2,000. The Attorney General may com-
promise the amount of the penalty. A decision on a penalty or compromise
under this section is final.
(b) LIEN ON AIRCRAFT.—When the owner or individual in command of
an aircraft violates a regulation referred to in subsection (a) of this section,
the aircraft is subject to a lien for the civil penalty. The aircraft may be
seized summarily by, and placed in the custody of, a person authorized
under regulations prescribed by the Attorney General.
(c) RELEASE OF AIRCRAFT.—An aircraft seized under this section may
be released from custody—
(1) on deposit of—
(A) an amount (but not more than $2,000) prescribed by the
Attorney General; or
(B) a bond in an amount and with an insurer prescribed by the
Attorney General; and
(2) conditioned on payment of the penalty decided on by the Attor-
ney General.
(d) COLLECTION OF PENALTY.—A civil action in rem may be brought
against the aircraft to collect the civil penalty. The action shall conform as
nearly as practicable to civil actions in admiralty.
§ 10112. Failure to deliver lists of passengers
(a) CIVIL PENALTY.—If the Attorney General is satisfied that a person
has not delivered an accurate list of passengers as required under section
6902 of this title, the person is liable to the United States Government for
a civil penalty of $300 for each passenger for whom the list is not sworn
and delivered as required.
(b) PROHIBITION ON COMPROMISE.—The Attorney General may not com-
promise the amount of a civil penalty under this section.
§ 10113. Failure to provide lists and reports about alien
crewmembers
(a) CIVIL PENALTY.—A person not delivering a list or report required by
section 2701 or 2702 of this title is liable to the United States Government
for a civil penalty of $500 for each alien crewmember not listed or reported
as required.
(b) PROHIBITION ON COMPROMISE.—The Attorney General may not com-
promise the amount of a civil penalty under this section.
232
§ 10114. Failure to control alien crewmembers
(a) CIVIL PENALTY.—A person not detaining or deporting an alien crew-
member as required by section 2704 of this title is liable to the United
States Government for a civil penalty of $3,000 for each alien crewmember
not detained or deported.
(b) COMPROMISE.—The Attorney General may compromise the amount of
a civil penalty under this section to not less than $500 for each alien crew-
member involved.
§ 10115. Improper discharge of alien crewmembers
(a) CIVIL PENALTY.—If the Attorney General is satisfied that a person
has violated section 2706 of this title, the person is liable to the United
States Government for a civil penalty of $3,000 for each violation.
(b) COMPROMISE.—The Attorney General may compromise the amount of
a civil penalty under this section to not less than $1,500 for each violation.
§ 10116. Employing alien crewmembers having disabilities
and diseases
(a) CIVIL PENALTY.—The owner, agent, master, commanding officer, or
consignee of a vessel or aircraft is liable to the United States Government
for a civil penalty of $1,000 for each alien crewmember employed in viola-
tion of section 2705(a) of this title if the Attorney General is satisfied, from
an examination certified by a medical officer of the Public Health Service,
that—
(1) the crewmember was afflicted with a disability or disease referred
to in section 2705(a) of this title when the crewmember was taken on
board the vessel or aircraft; and
(2) the disability or disease could have been detected by a competent
medical examination.
(b) COMPROMISE.—The Attorney General may compromise the amount of
a civil penalty under this section.
§ 10117. Employing alien crewmembers for certain longshore
work
(a) CIVIL PENALTY.—An owner, agent, master, commanding officer, or
consignee of a vessel that hires an alien crewmember classified as a non-
immigrant under section 2305(a)(1) of this title to perform longshore work
not included in the normal operation and service on a vessel under section
2723, 2724, or 2725 of this title is liable to the United States Government
for a civil penalty of $5,000.
(b) LIEN ON VESSEL.—A vessel referred to in subsection (a) of this sec-
tion is subject to a lien for the amount of the civil penalty.
(c) PROHIBITION ON COMPROMISE.— The Attorney General may not
compromise the amount of a civil penalty under this section.