Page:United States Statutes at Large Volume 110 Part 4.djvu/750

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110 STAT. 3009 -587 PUBLIC LAW 104-208—SEPT. 30, 1996 (A) IN GENERAL.—During the period in which this paragraph is in effect pursuant to paragraph (2), the Attorney General shall take into custody any alien who— (i) has been convicted of an aggravated felony (as defined under section 101(a)(43) of the Immigration and Nationality Act, as amended by section 321 of this division), (ii) is inadmissible by reason of having committed any offense covered in section 212(a)(2) of such Act, (iii) is deportable by reason of having committed any offense covered in section 241(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of such Act (before redesignation under this subtitle), or (iv) is inadmissible under section 212(a)(3)(B) of such Act or deportable under section 241(a)(4)(B) of such Act (before redesignation under this subtitle), when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense. (B) RELEASE. —The Attorney General may release the alien only if the alien is an alien described in subparagraph (A)(ii) or (A)(iii) and— (i) the alien was lawfully admitted to the United States and satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding, or (ii) the alien was not lawfully admitted to the United States, cannot be removed because the designated country of removal will not accept the alien, and satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding. SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW SECTIONS 239 TO 240C). (a) IN GENERAL. — Chapter 4 of title II is amended— 8 USC 1224. (1) by redesignating section 239 (8 U.S.C. 1229) as section 234 and by moving such section to immediately follow section 233; (2) by redesignating section 240 (8 U.S.C. 1230) as section 240C; and (3) by inserting after section 238 the following new sections: " INITIATION OF REMOVAL PROCEEDINGS 8 USC 1229. "SEC. 239. (a) NOTICE TO APPEAR.— "(1) IN GENERAL.— In removal proceedings under section 240, written notice (in this section referred to as a 'notice to appear') shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien's counsel of record, if any) specifying the following: "(A) The nature of the proceedings against the alien.