Page:United States Statutes at Large Volume 104 Part 6.djvu/673

This page needs to be proofread.

PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5063 of addresses and telephone numbers (and changes) provided under paragraph (1)(F). " (b) SECURING OF COUNSEL. — "(1) IN GENERAL. — In order that an alien be permitted the opportunity to secure counsel before the first hearing date in proceedings under section 242, the hearing date shall not be scheduled earlier than 14 days after the service of the order to show cause. "(2) CURRENT LISTS OF COUNSEL.— The Attorney General shall provide for lists (updated not less often than quarterly) of persons who have indicated their availability to represent aliens in proceedings under section 242. " (c) CONSEQUENCES OF FAILURE TO APPEAR.— "(1) IN GENERAL. —Any alien who, after written notice required under subsection (a)(2) has been provided to the alien or the alien's counsel of record, except as provided in paragraph (2), does not attend a proceeding under section 242, shall be ordered deported under section 242(b)(1) in absentia if the Service establishes by clear, unequivocal, and convincing evidence that, except as provided in paragraph (2), the written notice was so provided and that the alien is deportable. " (2) No NOTICE IF FAILURE TO PROVIDE ADDRESS INFORMATION. — No written notice shall be required under paragraph (1) if the alien has failed to provide the address required under subsection (a)(1)(F). Such written notice shall be considered sufficient if provided at the most recent address provided under such subsection. "(3) RESCISSION OF ORDER.— Such an order may be rescinded only— "(A) upon a motion to reopen filed within 180 days after the date of the order of deportation if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (f)(2)), or "(B) upon a motion to reopen filed at any time if the alien demonstrates that the alien did not receive notice in accordance with subsection (a)(2) or the alien demonstrates that the alien was in Federal or State custody and did not appear through no fault of the alien. The filing of the motion to reopen described in subparagraph (A) or (B) shall stay the deportation of the alien pending disposition of the motion. "(4) EFFECT ON JUDICIAL REVIEW.— Any petition for review under section 106 of an order entered in absentia under this subsection shall, notwithstanding such section, be filed not later than 60 days after the date of the final order of deportation and shall (except in cases described in section 106(a)(5)) be confined to the issues of the validity of the notice provided to the alien, to the reasons for the alien's not attending the proceeding, and to whether or not clear, convincing, and unequivocal evidence of deportability has been established. "(d) TREATMENT OF FRIVOLOUS BEHAVIOR.— The Attorney General Regulations, shall, by regulation— "(1) define in a proceeding before a special inquiry officer or before an appellate administrative body under this title, frivolous behavior for which attorneys may be sanctioned, 39-194O-91-22:QL3Part6