Page:United States Statutes at Large Volume 110 Part 4.djvu/742

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110 STAT. 3009-579 PUBLIC LAW 104-208—SEPT. 30, 1996 "(III) there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the alien's unlawful entry into the United States. " (B) FAILURE TO ATTEND REMOVAL PROCEEDING. —Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien's subsequent departure or removal is inadmissible. ". 8 USC 1182 note. (2) TRANSITION FOR BATTERED SPOUSE OR CHILD PROVI- SION.— The requirements of subclauses (II) and (III) of section 212(a)(6)(A)(ii) of the Immigration and Nationality Act, as inserted by paragraph (1), shall not apply to an alien who demonstrates that the alien first arrived in the United States before the title III-A effective date (described in section 309(a) of this division), (d) ADJUSTMENT IN GROUNDS FOR DEPORTATION.— Section 241 (8 U.S.C. 1251), before redesignation as section 237 by section 305(a)(2) of this division, is amended— (1) in the matter before paragraph (1) of subsection (a), by striking "in the United States" and inserting "in and admitted to the United States"; (2) in subsection (a)(1), by striking "EXCLUDABLE" each place it appears and inserting "INADMISSIBLE"; (3) in subsection (a)(1)(A), by striking "excludable" and inserting "inadmissible"; and (4) by amending subparagraph (B) of subsection (a)(1) to read as follows: "(B) PRESENT IN VIOLATION OF LAW. — Any alien who is present in the United States in violation of this Act or any other law of the United States is deportable. SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMIS- SIBLE ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED SECTION 235). (a) IN GENERAL.—Section 235 (8 U.S.C. 1225) is amended to read as follows: "INSPECTION BY IMMIGRATION OFFICERS; EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR HEARING "SEC. 235. (a) INSPECTION.— " (1) ALIENS TREATED AS APPLICANTS FOR ADMISSION. —An alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this Act an applicant for admission. "(2) STOWAWAYS.—An arriving alien who is a stowaway is not eligible to apply for admission or to be admitted and shall be ordered removed upon inspection by an immigration officer. Upon such inspection if the alien indicates an intention to apply for asylum under section 208 or a fear of persecution, the officer shall refer the alien for an interview under subsection (b)(1)(B). A stowaway may apply for asylum only if