---
kind: "section"
citation: "8 U.S.C. § 1229a"
title: "8"
title_heading: "Aliens and Nationality"
number: "1229a"
heading: "Removal proceedings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/8/1229a"
units:
  - "Chapter 12 — Immigration and Nationality"
  - "Subchapter II — Immigration"
  - "Part IV — Inspection, Apprehension, Examination, Exclusion, and Removal"
---

# §1229a. Removal proceedings

- (a) **Proceeding—**
  - (1) **In general—** An [immigration judge](/usc/8/1101.md?p=b-4) shall conduct proceedings for deciding the inadmissibility or deportability of an [alien](/usc/8/1101.md?p=a-3).
  - (2) **Charges—** An [alien](/usc/8/1101.md?p=a-3) placed in proceedings under this section may be charged with any applicable ground of inadmissibility under [section 1182(a) of this title](/usc/8/1182.md?p=a) or any applicable ground of deportability under [section 1227(a) of this title](/usc/8/1227.md?p=a).
  - (3) **Exclusive procedures—** Unless otherwise specified in this chapter, a proceeding under this section shall be the sole and exclusive procedure for determining whether an [alien](/usc/8/1101.md?p=a-3) may be [admitted](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38) or, if the [alien](/usc/8/1101.md?p=a-3) has been so [admitted](/usc/8/1101.md?p=a-13-A), removed from the [United States](/usc/8/1101.md?p=a-38). Nothing in this section shall affect proceedings conducted pursuant to [section 1228 of this title](/usc/8/1228.md).
- (b) **Conduct of proceeding—**
  - (1) **Authority of immigration judge—** The [immigration judge](/usc/8/1101.md?p=b-4) shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the [alien](/usc/8/1101.md?p=a-3) and any witnesses. The [immigration judge](/usc/8/1101.md?p=b-4) may issue subpoenas for the attendance of witnesses and presentation of evidence. The [immigration judge](/usc/8/1101.md?p=b-4) shall have authority (under regulations prescribed by the [Attorney General](/usc/8/1101.md?p=a-5)) to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this chapter.
  - (2) **Form of proceeding—**
    - (A) **In general—** The proceeding may take place—
      - (i) in [person](/usc/8/1101.md?p=b-3),
      - (ii) where agreed to by the parties, in the absence of the [alien](/usc/8/1101.md?p=a-3),
      - (iii) through video conference, or
      - (iv) subject to [subparagraph (B)](#b-2-B), through telephone conference.
    - (B) **Consent required in certain cases—** An evidentiary hearing on the merits may only be conducted through a telephone conference with the consent of the [alien](/usc/8/1101.md?p=a-3) involved after the [alien](/usc/8/1101.md?p=a-3) has been advised of the right to proceed in [person](/usc/8/1101.md?p=b-3) or through video conference.
  - (3) **Presence of alien—** If it is impracticable by reason of an [alien](/usc/8/1101.md?p=a-3)’s mental incompetency for the [alien](/usc/8/1101.md?p=a-3) to be present at the proceeding, the [Attorney General](/usc/8/1101.md?p=a-5) shall prescribe safeguards to protect the rights and privileges of the [alien](/usc/8/1101.md?p=a-3).
  - (4) **Alien’s rights in proceeding—** In proceedings under this section, under regulations of the [Attorney General](/usc/8/1101.md?p=a-5)—
    - (A) the [alien](/usc/8/1101.md?p=a-3) shall have the privilege of being represented, at no expense to the Government, by counsel of the [alien](/usc/8/1101.md?p=a-3)’s choosing who is authorized to practice in such proceedings,
    - (B) the [alien](/usc/8/1101.md?p=a-3) shall have a reasonable opportunity to examine the evidence against the [alien](/usc/8/1101.md?p=a-3), to present evidence on the [alien](/usc/8/1101.md?p=a-3)’s own behalf, and to cross-examine witnesses presented by the Government but these rights shall not entitle the [alien](/usc/8/1101.md?p=a-3) to examine such [national](/usc/8/1101.md?p=a-21) security information as the Government may proffer in opposition to the [alien](/usc/8/1101.md?p=a-3)’s [admission](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38) or to an application by the [alien](/usc/8/1101.md?p=a-3) for discretionary relief under this chapter, and
    - (C) a complete record shall be kept of all testimony and evidence produced at the proceeding.
  - (5) **Consequences of failure to appear—**
    - (A) **In general—** Any [alien](/usc/8/1101.md?p=a-3) who, after written notice required under paragraph (1) or (2) of [section 1229(a) of this title](/usc/8/1229.md?p=a) has been provided to the [alien](/usc/8/1101.md?p=a-3) or the [alien](/usc/8/1101.md?p=a-3)’s counsel of record, does not attend a proceeding under this section, shall be ordered removed in absentia if the [Service](/usc/8/1101.md?p=a-34) establishes by clear, unequivocal, and convincing evidence that the written notice was so provided and that the [alien](/usc/8/1101.md?p=a-3) is removable (as defined in [subsection (e)(2)](#e-2)). The written notice by the [Attorney General](/usc/8/1101.md?p=a-5) shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under [section 1229(a)(1)(F) of this title](/usc/8/1229.md?p=a-1-F).
    - (B) **No notice if failure to provide address information—** No written notice shall be required under [subparagraph (A)](#b-5-A) if the [alien](/usc/8/1101.md?p=a-3) has failed to provide the address required under [section 1229(a)(1)(F) of this title](/usc/8/1229.md?p=a-1-F).
    - (C) **Rescission of order—** Such an order may be rescinded only—
      - (i) upon a motion to reopen filed within 180 days after the date of the order of removal if the [alien](/usc/8/1101.md?p=a-3) demonstrates that the failure to appear was because of exceptional circumstances (as defined in [subsection (e)(1)](#e-1)), or
      - (ii) upon a motion to reopen filed at any time if the [alien](/usc/8/1101.md?p=a-3) demonstrates that the [alien](/usc/8/1101.md?p=a-3) did not receive notice in accordance with paragraph (1) or (2) of [section 1229(a) of this title](/usc/8/1229.md?p=a) or the [alien](/usc/8/1101.md?p=a-3) demonstrates that the [alien](/usc/8/1101.md?p=a-3) was in Federal or [State](/usc/8/1101.md?p=a-36) custody and the failure to appear was through no fault of the [alien](/usc/8/1101.md?p=a-3).

      The filing of the motion to reopen described in clause [(i)](#b-5-C-i) or [(ii)](#b-5-C-ii) shall stay the removal of the [alien](/usc/8/1101.md?p=a-3) pending disposition of the motion by the [immigration judge](/usc/8/1101.md?p=b-4).

    - (D) **Effect on judicial review—** Any petition for review under [section 1252 of this title](/usc/8/1252.md) of an order entered in absentia under this paragraph shall (except in cases described in [section 1252(b)(5) of this title](/usc/8/1252.md?p=b-5)) be confined to (i) the validity of the notice provided to the [alien](/usc/8/1101.md?p=a-3), (ii) the reasons for the [alien](/usc/8/1101.md?p=a-3)’s not attending the proceeding, and (iii) whether or not the [alien](/usc/8/1101.md?p=a-3) is removable.
    - (E) **Additional application to certain aliens in contiguous territory—** The preceding provisions of this paragraph shall apply to all [aliens](/usc/8/1101.md?p=a-3) placed in proceedings under this section, including any [alien](/usc/8/1101.md?p=a-3) who remains in a contiguous foreign territory pursuant to [section 1225(b)(2)(C) of this title](/usc/8/1225.md?p=b-2-C).
  - (6) **Treatment of frivolous behavior—** The [Attorney General](/usc/8/1101.md?p=a-5) shall, by regulation—
    - (A) define in a proceeding before an [immigration judge](/usc/8/1101.md?p=b-4) or before an appellate administrative body under this subchapter, frivolous behavior for which attorneys may be sanctioned,
    - (B) specify the circumstances under which an administrative appeal of a decision or ruling will be considered frivolous and will be summarily dismissed, and
    - (C) impose appropriate sanctions (which may include suspension and disbarment) in the case of frivolous behavior.

    Nothing in this paragraph shall be construed as limiting the authority of the [Attorney General](/usc/8/1101.md?p=a-5) to take actions with respect to inappropriate behavior.

  - (7) **Limitation on discretionary relief for failure to appear—** Any [alien](/usc/8/1101.md?p=a-3) against whom a final order of removal is entered in absentia under this subsection and who, at the time of the notice described in paragraph (1) or (2) of [section 1229(a) of this title](/usc/8/1229.md?p=a), was provided oral notice, either in the [alien](/usc/8/1101.md?p=a-3)’s native language or in another language the [alien](/usc/8/1101.md?p=a-3) understands, of the time and place of the proceedings and of the consequences under this paragraph of failing, other than because of exceptional circumstances (as defined in [subsection (e)(1)](#e-1)) to attend a proceeding under this section, shall not be eligible for relief under section [1229b](/usc/8/1229b.md), [1229c](/usc/8/1229c.md), [1255](/usc/8/1255.md), [1258](/usc/8/1258.md), or [1259](/usc/8/1259.md) of this title for a period of 10 years after the date of the entry of the final order of removal.
- (c) **Decision and burden of proof—**
  - (1) **Decision—**
    - (A) **In general—** At the conclusion of the proceeding the [immigration judge](/usc/8/1101.md?p=b-4) shall decide whether an [alien](/usc/8/1101.md?p=a-3) is removable from the [United States](/usc/8/1101.md?p=a-38). The determination of the [immigration judge](/usc/8/1101.md?p=b-4) shall be based only on the evidence produced at the hearing.
    - (B) **Certain medical decisions—** If a medical officer or civil surgeon or board of medical officers has certified under [section 1222(b) of this title](/usc/8/1222.md?p=b) that an [alien](/usc/8/1101.md?p=a-3) has a disease, illness, or addiction which would make the [alien](/usc/8/1101.md?p=a-3) inadmissible under paragraph (1) of [section 1182(a) of this title](/usc/8/1182.md?p=a), the decision of the [immigration judge](/usc/8/1101.md?p=b-4) shall be based solely upon such certification.
  - (2) **Burden on alien—** In the proceeding the [alien](/usc/8/1101.md?p=a-3) has the burden of establishing—
    - (A) if the [alien](/usc/8/1101.md?p=a-3) is an applicant for [admission](/usc/8/1101.md?p=a-13-A), that the [alien](/usc/8/1101.md?p=a-3) is clearly and beyond doubt entitled to be [admitted](/usc/8/1101.md?p=a-13-A) and is not inadmissible under [section 1182 of this title](/usc/8/1182.md); or
    - (B) by clear and convincing evidence, that the [alien](/usc/8/1101.md?p=a-3) is lawfully present in the [United States](/usc/8/1101.md?p=a-38) pursuant to a prior [admission](/usc/8/1101.md?p=a-13-A).

    In meeting the burden of proof under [subparagraph (B)](#c-2-B), the [alien](/usc/8/1101.md?p=a-3) shall have access to the [alien](/usc/8/1101.md?p=a-3)’s visa or other entry document, if any, and any other records and documents, not considered by the [Attorney General](/usc/8/1101.md?p=a-5) to be confidential, pertaining to the [alien](/usc/8/1101.md?p=a-3)’s [admission](/usc/8/1101.md?p=a-13-A) or presence in the [United States](/usc/8/1101.md?p=a-38).

  - (3) **Burden on service in cases of deportable aliens—**
    - (A) **In general—** In the proceeding the [Service](/usc/8/1101.md?p=a-34) has the burden of establishing by clear and convincing evidence that, in the case of an [alien](/usc/8/1101.md?p=a-3) who has been [admitted](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38), the [alien](/usc/8/1101.md?p=a-3) is deportable. No decision on deportability shall be valid unless it is based upon reasonable, [substantial](/usc/8/1101.md?p=a-45), and probative evidence.
    - (B) **Proof of convictions—** In any proceeding under this chapter, any of the following documents or records (or a certified copy of such an official document or record) shall constitute proof of a criminal [conviction](/usc/8/1101.md?p=a-48-A):
      - (i) An official record of judgment and [conviction](/usc/8/1101.md?p=a-48-A).
      - (ii) An official record of plea, verdict, and sentence.
      - (iii) A docket entry from court records that indicates the existence of the [conviction](/usc/8/1101.md?p=a-48-A).
      - (iv) Official minutes of a court proceeding or a transcript of a court hearing in which the court takes notice of the existence of the [conviction](/usc/8/1101.md?p=a-48-A).
      - (v) An abstract of a record of [conviction](/usc/8/1101.md?p=a-48-A) prepared by the court in which the [conviction](/usc/8/1101.md?p=a-48-A) was entered, or by a [State](/usc/8/1101.md?p=a-36) official associated with the [State](/usc/8/1101.md?p=a-36)’s repository of criminal justice records, that indicates the charge or section of law violated, the disposition of the case, the existence and date of [conviction](/usc/8/1101.md?p=a-48-A), and the sentence.
      - (vi) Any document or record prepared by, or under the direction of, the court in which the [conviction](/usc/8/1101.md?p=a-48-A) was entered that indicates the existence of a [conviction](/usc/8/1101.md?p=a-48-A).
      - (vii) Any document or record attesting to the [conviction](/usc/8/1101.md?p=a-48-A) that is maintained by an official of a [State](/usc/8/1101.md?p=a-36) or Federal penal institution, which is the basis for that institution’s authority to assume custody of the individual named in the record.
    - (C) **Electronic records—** In any proceeding under this chapter, any record of [conviction](/usc/8/1101.md?p=a-48-A) or abstract that has been submitted by electronic means to the [Service](/usc/8/1101.md?p=a-34) from a [State](/usc/8/1101.md?p=a-36) or court shall be admissible as evidence to prove a criminal [conviction](/usc/8/1101.md?p=a-48-A) if it is—
      - (i) certified by a [State](/usc/8/1101.md?p=a-36) official associated with the [State](/usc/8/1101.md?p=a-36)’s repository of criminal justice records as an official record from its repository or by a court official from the court in which the [conviction](/usc/8/1101.md?p=a-48-A) was entered as an official record from its repository, and
      - (ii) certified in writing by a [Service](/usc/8/1101.md?p=a-34) official as having been received electronically from the [State](/usc/8/1101.md?p=a-36)’s record repository or the court’s record repository.

      A certification under [clause (i)](#c-3-C-i) may be by means of a computer-generated signature and statement of authenticity.

  - (4) **Applications for relief from removal—**
    - (A) **In general—** An [alien](/usc/8/1101.md?p=a-3) applying for relief or protection from removal has the burden of proof to establish that the [alien](/usc/8/1101.md?p=a-3)—
      - (i) satisfies the applicable eligibility requirements; and
      - (ii) with respect to any form of relief that is granted in the exercise of discretion, that the [alien](/usc/8/1101.md?p=a-3) merits a favorable exercise of discretion.
    - (B) **Sustaining burden—** The applicant must comply with the applicable requirements to submit information or documentation in support of the applicant’s application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the [immigration judge](/usc/8/1101.md?p=b-4) will determine whether or not the testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicant’s burden of proof. In determining whether the applicant has met such burden, the [immigration judge](/usc/8/1101.md?p=b-4) shall weigh the credible testimony along with other evidence of record. Where the [immigration judge](/usc/8/1101.md?p=b-4) determines that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence.
    - (C) **Credibility determination—** Considering the totality of the circumstances, and all relevant factors, the [immigration judge](/usc/8/1101.md?p=b-4) may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant’s or witness’s account, the consistency between the applicant’s or witness’s written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.
  - (5) **Notice—** If the [immigration judge](/usc/8/1101.md?p=b-4) decides that the [alien](/usc/8/1101.md?p=a-3) is removable and orders the [alien](/usc/8/1101.md?p=a-3) to be removed, the judge shall inform the [alien](/usc/8/1101.md?p=a-3) of the right to appeal that decision and of the consequences for failure to depart under the order of removal, including civil and criminal penalties.
  - (6) **Motions to reconsider—**
    - (A) **In general—** The [alien](/usc/8/1101.md?p=a-3) may file one motion to reconsider a decision that the [alien](/usc/8/1101.md?p=a-3) is removable from the [United States](/usc/8/1101.md?p=a-38).
    - (B) **Deadline—** The motion must be filed within 30 days of the date of entry of a final administrative order of removal.
    - (C) **Contents—** The motion shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority.
  - (7) **Motions to reopen—**
    - (A) **In general—** An [alien](/usc/8/1101.md?p=a-3) may file one motion to reopen proceedings under this section, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in [subparagraph (C)(iv)](#c-7-C-iv).
    - (B) **Contents—** The motion to reopen shall [state](/usc/8/1101.md?p=a-36) the new facts that will be proven at a hearing to be held if the motion is granted, and shall be supported by affidavits or other evidentiary material.
    - (C) **Deadline—**
      - (i) **In general—** Except as provided in this subparagraph, the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal.
      - (ii) **Asylum—** There is no time limit on the filing of a motion to reopen if the basis of the motion is to apply for relief under sections[^1] 1158 or [1231(b)(3)](/usc/8/1231.md?p=b-3) of this title and is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.
      - (iii) **Failure to appear—** The filing of a motion to reopen an order entered pursuant to [subsection (b)(5)](#b-5) is subject to the deadline specified in [subparagraph (C)](#c-7-C) of such subsection.
      - (iv) **Special rule for battered spouses, children, and parents—** Any limitation under this section on the deadlines for filing such motions shall not apply—
        - (I) if the basis for the motion is to apply for relief under clause (iii) or (iv) of [section 1154(a)(1)(A) of this title](/usc/8/1154.md?p=a-1-A), clause (ii) or (iii) of [section 1154(a)(1)(B) of this title](/usc/8/1154.md?p=a-1-B),,[^1] [section 1229b(b) of this title](/usc/8/1229b.md?p=b), or [section 1254(a)(3) of this title](/usc/8/1254.md) (as in effect on March 31, 1997);
        - (II) if the motion is accompanied by a cancellation of removal application to be filed with the [Attorney General](/usc/8/1101.md?p=a-5) or by a copy of the self-petition that has been or will be filed with the Immigration and [Naturalization](/usc/8/1101.md?p=a-23) [Service](/usc/8/1101.md?p=a-34) upon the granting of the motion to reopen;
        - (III) if the motion to reopen is filed within 1 year of the entry of the final order of removal, except that the [Attorney General](/usc/8/1101.md?p=a-5) may, in the [Attorney General](/usc/8/1101.md?p=a-5)’s discretion, waive this time limitation in the case of an [alien](/usc/8/1101.md?p=a-3) who demonstrates extraordinary circumstances or extreme hardship to the [alien](/usc/8/1101.md?p=a-3)’s [child](/usc/8/1101.md?p=b-1); and
        - (IV) if the [alien](/usc/8/1101.md?p=a-3) is physically present in the [United States](/usc/8/1101.md?p=a-38) at the time of filing the motion.

      The filing of a motion to reopen under this clause shall only stay the removal of a qualified [alien](/usc/8/1101.md?p=a-3) (as defined in [section 1641(c)(1)(B) of this title](/usc/8/1641.md?p=c-1-B)[^2] pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the [alien](/usc/8/1101.md?p=a-3) is a qualified [alien](/usc/8/1101.md?p=a-3).

- (d) **Stipulated removal—** The [Attorney General](/usc/8/1101.md?p=a-5) shall provide by regulation for the entry by an [immigration judge](/usc/8/1101.md?p=b-4) of an order of removal stipulated to by the [alien](/usc/8/1101.md?p=a-3) (or the [alien](/usc/8/1101.md?p=a-3)’s representative) and the [Service](/usc/8/1101.md?p=a-34). A stipulated order shall constitute a conclusive determination of the [alien](/usc/8/1101.md?p=a-3)’s removability from the [United States](/usc/8/1101.md?p=a-38).
- (e) **Definitions—** In this section and [section 1229b of this title](/usc/8/1229b.md):
  - (1) **Exceptional circumstances—** The term “exceptional circumstances” refers to exceptional circumstances (such as battery or extreme cruelty to the [alien](/usc/8/1101.md?p=a-3) or any [child](/usc/8/1101.md?p=b-1) or [parent](/usc/8/1101.md?p=b-2) of the [alien](/usc/8/1101.md?p=a-3), serious illness of the [alien](/usc/8/1101.md?p=a-3), or serious illness or death of the [spouse](/usc/8/1101.md?p=a-35), [child](/usc/8/1101.md?p=b-1), or [parent](/usc/8/1101.md?p=b-2) of the [alien](/usc/8/1101.md?p=a-3), but not including less compelling circumstances) beyond the control of the [alien](/usc/8/1101.md?p=a-3).
  - (2) **Removable—** The term “removable” means—
    - (A) in the case of an [alien](/usc/8/1101.md?p=a-3) not [admitted](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38), that the [alien](/usc/8/1101.md?p=a-3) is inadmissible under [section 1182 of this title](/usc/8/1182.md), or
    - (B) in the case of an [alien](/usc/8/1101.md?p=a-3) [admitted](/usc/8/1101.md?p=a-13-A) to the [United States](/usc/8/1101.md?p=a-38), that the [alien](/usc/8/1101.md?p=a-3) is deportable under [section 1227 of this title](/usc/8/1227.md).

## Footnotes

[^1]: So in original.
[^2]: So in original. A closing parenthesis probably should appear.

## Source credit

(June 27, 1952, ch. 477, title II, ch. 4, § 240, as added Pub. L. 104–208, div. C, title III, § 304(a)(3), Sept. 30, 1996, 110 Stat. 3009–589; amended Pub. L. 106–386, div. B, title V, § 1506(c)(1)(A), Oct. 28, 2000, 114 Stat. 1528; Pub. L. 109–13, div. B, title I, § 101(d), May 11, 2005, 119 Stat. 304; Pub. L. 109–162, title VIII, §§ 813(a)(1), 825(a), Jan. 5, 2006, 119 Stat. 3057, 3063.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a)(3), (b)(1), (4)(B), and (c)(3)(B), (C), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Section 1254 of this title, referred to in subsec. (c)(7)(C)(iv)(I), was repealed by Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615.

### Prior Provisions

A prior section 240 of act June 27, 1952, was renumbered section 240C, and is classified to section 1230 of this title.

### Amendments

2006—Subsec. (c)(7)(A). Pub. L. 109–162, § 825(a)(1), inserted before period at end “, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv)”.

Subsec. (c)(7)(C)(iv). Pub. L. 109–162, § 825(a)(2)(A), (B), substituted “spouses, children, and parents” for “spouses and children” in heading and “Any limitation under this section on the deadlines for filing such motions shall not apply” for “The deadline specified in subsection (b)(5)(C) of this section for filing a motion to reopen does not apply” in introductory provisions.

Subsec. (c)(7)(C)(iv)(I). Pub. L. 109–162, § 825(a)(2)(C), which directed substitution of “, section 1229b(b) of this title, or section 1254(a)(3) of this title (as in effect on March 31, 1997)” for “or section 1229b(b) of this title”, was executed by making the substitution for “or section 1229b(b)(2) of this title”, to reflect the probable intent of Congress.

Subsec. (c)(7)(C)(iv)(IV). Pub. L. 109–162, § 825(a)(2)(D)–(F), added subcl. (IV).

Subsec. (e)(1). Pub. L. 109–162, § 813(a)(1), substituted “battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien,” for “serious illness of the alien”.

2005—Subsec. (c)(4) to (7). Pub. L. 109–13 added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.

2000—Subsec. (c)(6)(C)(iv). Pub. L. 106–386 added cl. (iv).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2006 Amendment

Pub. L. 109–162, title VIII, § 813(a)(2), Jan. 5, 2006, 119 Stat. 3058, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to a failure to appear that occurs before, on, or after the date of the enactment of this Act [Jan. 5, 2006].”

### Effective Date of 2005 Amendment

Amendment by Pub. L. 109–13 effective May 11, 2005, and applicable to applications for asylum, withholding, or other relief from removal made on or after such date, see section 101(h)(2) of Pub. L. 109–13, set out as a note under section 1158 of this title.

### Effective Date of 2000 Amendment

Pub. L. 106–386, div. B, title V, § 1506(c)(1)(B), Oct. 28, 2000, 114 Stat. 1528, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1229–1229c) [Pub. L. 104–208].”

### Effective Date

Section effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.

Subsec. (c)(3)(B), (C) of this section applicable to proving convictions entered before, on, or after Sept. 30, 1996, see section 322(c) of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.

### Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

### Elimination of Time Limitations on Motions To Reopen Deportation Proceedings for Victims of Domestic Violence

Pub. L. 106–386, div. B, title V, § 1506(c)(2), Oct. 28, 2000, 114 Stat. 1528, as amended by Pub. L. 109–162, title VIII, §§ 814(a), 825(b), Jan. 5, 2006, 119 Stat. 3058, 3064, provided that: In general.—Notwithstanding any limitation imposed by law on motions to reopen or rescind deportation proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [Pub. L. 104–208] (8 U.S.C. 1101 note))— there is no time limit on the filing of a motion to reopen such proceedings, and the deadline specified in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) does not apply— if the basis of the motion is to apply for relief under clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as so in effect) (8 U.S.C. 1254(a)(3)); and if the motion is accompanied by a suspension of deportation application to be filed with the Secretary of Homeland Security or by a copy of the self-petition that will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and any such limitation shall not apply so as to prevent the filing of one motion to reopen described in section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)). Prima facie case.—The filing of a motion to reopen under this subparagraph shall only stay the removal of a qualified alien (as defined in section 431(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B))[)] pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien. Applicability.—Subparagraph (A) shall apply to motions filed by aliens who are physically present in the United States and who— are, or were, in deportation or exclusion proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)); and have become eligible to apply for relief described in subparagraph (A)(i) as a result of the amendments made by— subtitle G [§ 40701 et seq.] of title IV of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1953 et seq.) [see Tables for classification]; or this title [see Short Title of 2000 Amendment note set out under section 1101 of this title].”

### References to Order of Removal Deemed To Include Order of Exclusion and Deportation

For purposes of this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.