Page:United States Statutes at Large Volume 110 Part 4.djvu/857

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PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-694 or deportable from the United States, or ineligible to apply for or be granted asylum; "(ii) in the absence of exceptional circumstances, the initial interview or hearing on the asylum application shall commence not later than 45 days after the date an application is filed; "(iii) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 180 days after the date an application is filed; "(iv) any administrative appeal shall be filed within 30 days of a decision granting or denying asylum, or within 30 days of the completion of removal proceedings before an immigration judge under section 240, whichever is later; and "(v) in the case of an applicant for asylum who fails without prior authorization or in the absence of exceptional circumstances to appear for an interview or hearing, including a hearing under section 240, the application may be dismissed or the applicant may be otherwise sanctioned for such failure. " (B) ADDITIONAL REGULATORY CONDITIONS. — The Attorney General may provide by regulation for any other conditions or limitations on the consideration of an application for asylum not inconsistent with this Act. "(6) FRIVOLOUS APPLICATIONS. — If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this Act, effective as of the date of a final determination on such application. "(7) No PRIVATE RIGHT OF ACTION.— 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.. (b) CONFORMING AND CLERICAL AMENDMENTS.— (1) The item in the table of contents relating to section 208 is amended to read as follows: "Sec. 208. Asylum.". (2) Section 104(d)(1)(A) of the Immigration Act of 1990 (Public Law 101-649) is amended by striking "208(b)" and inserting 8 USC 1159 note. "208". (c) EFFECTIVE DATE.— The amendment made by subsection (a) 8 USC 1158 note, shall apply to applications for asylum filed on or after the first day of the first month beginning more than 180 days after the date of the enactment of this Act. SEC. 605. INCREASE IN ASYLUM OFFICERS. Subject to the availability of appropriations, the Attorney General shall provide for an increase in the number of asylum officers to at least 600 asylum officers by fiscal year 1997.