Title III, Subtitle A
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.—In the proceeding the Service
has the burden of establishing by clear and convinc-
ing evidence that, in the case of an alien who has
been admitted to the United States, the alien is de-
portable. No decision on deportability shall be valid
unless it is based upon reasonable, substantial, and
probative evidence.
‘‘(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-
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.
Title III, Subtitle A
‘‘(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
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-
Title III, Subtitle A
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.—A mo-
tion to reopen may be filed within 180
days after the date of the final order of re-
moval if the order has been entered pursu-
ant to subsection (b)(5) due to the alien’s
failure to appear for proceedings under
this section and the alien establishes that
the alien’s failure to appear was because of
exceptional circumstances beyond the con-
trol of the alien or because the alien did
not receive the notice required under sec-
tion 239(a)(2).
‘‘(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.
‘‘(e) DEFINITIONS.—In this section and section
240A:
Title III, Subtitle A
‘‘(1) 
EXCEPTIONAL
CIRCUMSTANCES.—The
term ‘exceptional circumstances’ refers to excep-
tional circumstances (such as serious illness of the
alien or death of the spouse, child, or parent of the
alien, but not including less compelling cir-
cumstances) 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,
‘‘(2) has resided in the United States continu-
ously for 7 years after having been admitted in any
status, and
Title III, Subtitle A
‘‘(3) has not been convicted of an aggravated
felony or felonies for which the alien has been sen-
tenced, in the aggregate, a term of imprisonment of
at least 5 years.
‘‘(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 deport-
able from the United States if the alien—
‘‘(A) has been physically present in the
United States for a continuous period of not
less than 7 years since being admitted to the
United States,
‘‘(B) has been a person of good moral
character during such period,
‘‘(C) has not been convicted of an aggra-
vated felony, and
‘‘(D) establishes that removal would result
in extreme hardship to the alien or to the
alien’s spouse, parent, or child, who is a citizen
of the United States or an alien lawfully admit-
ted for permanent residence.
‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR
CHILD.—The Attorney General may cancel removal
Title III, Subtitle A
in the case of an alien who is inadmissible or deport-
able from the United States if the alien—
‘‘(A) has been battered or subjected to ex-
treme cruelty in the United States by a spouse
or parent who is a United States citizen or law-
ful permanent resident (or is the parent of a
child of a United States citizen or lawful per-
manent resident and the child has been bat-
tered or subjected to extreme cruelty in the
United States by such citizen or permanent
resident parent);
‘‘(B) 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) has been a person of good moral
character during such period;
‘‘(D) is not inadmissible under paragraph
(2) or (3) of section 212(a), is not deportable
under paragraph (1)(G) or (2) through (4) of
section 237, and has not been convicted of an
aggravated felony; and
‘‘(E) establishes that removal would result
in extreme hardship to the alien, the alien’s