Page:United States Statutes at Large Volume 110 Part 4.djvu/760

This page needs to be proofread.


110 STAT. 3009 -597 PUBLIC LAW 104-208—SEPT. 30, 1996 "(C) the alien is not deportable under section 237(a)(2)(A)(iii) or section 237(a)(4); and "(D) the alien has established by clear and convincing evidence that the alien has the means to depart the United States and intends to do so. "(2) PERIOD. — Permission to depart voluntarily under this subsection shall not be valid for a period exceeding 60 days. "(3) BOND.— An alien permitted to depart voluntarily under this subsection shall be required to post a voluntary departure bond, in an amount necessary to ensure that the alien will depart, to be surrendered upon proof that the alien has departed the United States within the time specified. "(c) ALIENS NOT ELIGIBLE. — The Attorney General shall not permit an alien to depart voluntarily under this section if the alien was previously permitted to so depart after having been found inadmissible under section 212(a)(6)(A). "(d) CIVIL PENALTY FOR FAILURE TO DEPART.—I f an ahen is permitted to depart voluntarily under this section and fails voluntarily to depart the United States within the time period specified, the alien shall be subject to a civil penalty of not less than $1,000 and not more than $5,000, and be ineligible for a period of 10 years for any further relief under this section and sections 240A, 245, 248, and 249. The order permitting the alien to depart voluntarily shall inform the alien of the penalties under this subsection. "(e) ADDITIONAL CONDITIONS.— The Attorney General may by regulation limit eligibility for voluntary departure under this section for any class or classes of aliens. No court may review any regulation issued under this subsection. "(f) JUDICIAL REVIEW.— No court shall have jurisdiction over an appeal from denial of a request for an order of voluntary departure under subsection (b), nor shall any court order a stay of an alien's removal pending consideration of any claim with respect to voluntary departure.". (b) REPEAL OF SECTION 212(C). —Section 212(c) (8 U.S.C. 1182(c)) is repealed. (c) STREAMLINING REMOVAL OF CRIMINAL ALIENS. — (1) IN GENERAL.— Section 242A(b)(4) (8 U.S.C. 1252a(b)(4)), as amended by section 442(a) of Public Law 104-132 and before redesignation by section 308(b)(5) of this division, is amended— (A) by striking subparagraph (D); (B) by amending subparagraph (E) to read as follows: "(D) a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice;"; and (C) by redesignating subparagraphs (F) and (G) as subparagraph (E) and (F), respectively. 8 USC 1252a (2) EFFECTIVE DATE. —The amendments made by paragraph note. (1) shall be effective as if included in the enactment of section 442(a) of Public Law 104-132. SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED (NEW SECTION 241). (a) IN GENERAL. —Title II is further amended— (1) by striking section 237 (8 U.S.C. 1227),