DEPORTATION PROCEDURES; REQUIRED NOTICE OF DEPORTATION HEARING; LIMITATION ON DISCRETIONARY RELIEF.

SEC. 545. DEPORTATION PROCEDURES; REQUIRED NOTICE OF DEPORTATION HEARING; LIMITATION ON DISCRETIONARY RELIEF. (a) In General.— Chapter 5 of title II is amended by inserting after section 242A the following new section: “deportation procedures “Sec. 242B. (a) Notices.— 104 STAT. 5062 “(1) Order to show cause.— In deportation proceedings under section 242, written notice (in this section referred to as an ‘order to show cause’) shall be given in person to the alien (or, if personal service is not practicable, such notice shall be given by certified 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. “(B) The legal authority under which the proceedings are conducted. “(C) The acts or conduct alleged to be in violation of law. “(D) The charges against the alien and the statutory provisions alleged to have been violated. “(E) The alien may be represented by counsel and, upon request, the alien will be provided a list of counsel prepared under subsection (b)(2). “(F) (i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under section 242. “(ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number. “(iii) The consequences under subsection (c)(2) of failure to provide address and telephone information pursuant to this subparagraph. “(2) Notice of time and place of proceedings.— In deportation proceedings under section 242— “(A) written notice shall be given in person to the alien (or, if personal service is not practicable, written notice shall be given by certified mail to the alien or to the alien’s counsel of record, if any), in the order to show cause or otherwise, of— “(i) the time and place at which the proceedings will be held, and “(ii) the consequences under subsection (c) of the failure to appear at such proceedings; and “(B) in the case of any change or postponement in the time and place of such proceedings, written notice shall be given in person to the alien (or, if personal service is not practicable, written notice shall be given by certified mail to the alien or to the alien’s counsel of record, if any) of— “(i) the new time or place of the proceedings, and “(ii) the consequences under subsection (c) of failing, except under exceptional circumstances, to attend such proceedings. “(3) Form of information.—Each order to show cause or other notice under this subsection— “(A) shall be in English and Spanish, and “(B) shall specify that the alien may be represented by an attorney in deportation proceedings under section 242 and will be provided, in accordance with subsection (b)(1), a period of time in order to obtain counsel and a current list described in subsection (b)(2). “(4) Central address files.— The Attorney General shall create a system to record and preserve on a timely basis notices104 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 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, 104 STAT. 5064 “(2) specify the circumstances under which an administrative appeal of a decision or ruling will be considered frivolous and will be summarily dismissed, and “(3) impose appropriate sanctions (which may include suspension and disbarment) in the case of frivolous behavior. Nothing in this subsection shall be construed as limiting the authority of the Board to take actions with respect to inappropriate behavior. “(e) Limitation on Discretionary Relief for Failure to Appear.— “(1) At deportation proceedings.— Any alien against whom a final order of deportation is entered in absentia under this section and who, at the time of the notice described in subsection (a)(2), was provided oral notice, either in the alien’s native language or in another language the alien 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 (f)(2)) to attend a proceeding under section 242, shall not be eligible for relief described in paragraph (5) for a period of 5 years after the date of the entry of the final order of deportation. “(2) Voluntary departure.— “(A) In general.— Subject to subparagraph (B), any alien allowed to depart voluntarily under section 244(e)(1) or who has agreed to depart voluntarily at his own expense under section 242(b)(1) who remains in the United States after the scheduled date of departure, other than because of exceptional circumstances, shall not be eligible for relief described in paragraph (5) for a period of 5 years after the scheduled date of departure or the date of unlawful reentry, respectively. “(B) Written and oral notice required.— Subparagraph (A) shall not apply to an alien allowed to depart voluntarily unless, before such departure, the Attorney General has provided written notice to the alien in English and Spanish and oral notice either in the alien’s native language or in another language the alien understands of the consequences under subparagraph (A) of the alien’s remaining in the United States after the scheduled date of departure, other than because of exceptional circumstances. “(3) Failure to appear under deportation order.— “(A) In general.— Subject to subparagraph (B), any alien against whom a final order of deportation is entered under this section and who fails, other than because of exceptional circumstances, to appear for deportation at the time and place ordered shall not be eligible for relief described in paragraph (5) for a period of 5 years after the date the alien was required to appear for deportation. “(B) Written and oral notice required.— Subparagraph (A) shall not apply to an alien against whom a deportation order is entered unless the Attorney General has provided, orally in the alien’s native language or in another language the alien understands and in the final order of deportation under this section of the consequences under subparagraph (A) of the alien’s failure, other than because of exceptional circumstances, to appear for deportation at the time and place ordered. 104 STAT. 5065 “(4) Failure to appear for asylum hearing.— “(A) In general.— Subject to subparagraph (B), any alien— “(i) whose period of authorized stay (if any) has expired through the passage of time, “(ii) who has filed an application for asylum, and “(iii) who fails, other than because of exceptional circumstances, to appear at the time and place specified for the asylum hearing, shall not be eligible for relief described in paragraph (5) for a period of 5 years after the date of the asylum hearing. “(B) Written and oral notice required.— Subparagraph (A) shall not apply in the case of an alien with respect to failure to be present at a hearing unless— “(i) written notice in English and Spanish, and oral notice either in the alien’s native language or in another language the alien understands, was provided to the alien of the time and place at which the asylum hearing will be held, and in the case of any change or postponement in such time or place, written notice in English and Spanish, and oral notice either in the alien’s native language or in another language the alien understands, was provided to the alien of the new time or place of the hearing; and “(ii) notices under clause (i) specified the consequences under subparagraph (A) of failing, other than because of exceptional circumstances, to attend such hearing. “(5) Relief covered.— The relief described in this paragraph is— “(A) relief under section 212(c), “(B) voluntary departure under section 242(b)(1), “(C) suspension of deportation or voluntary departure under section 244, and “(D) adjustment or change of status under section 245, 248, or 249. “(f) Definitions.— In this section: “(1) The term ‘certified mail’ means certified mail, return receipt requested. “(2) The term ‘exceptional circumstances’ refers to exceptional circumstances (such as serious illness of the alien or death of an immediate relative of the alien, but not including less compelling circumstances) beyond the control of the alien.’. (b) Judicial Review.— Section 106(a) (8 U.S.C. 1105a) is amended— (1) in paragraph (1), by striking “6 months” and inserting “90 days”, (2) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively, and (3) by inserting after paragraph (5) the following new paragraph: “(6) whenever a petitioner seeks review of an order under this section, any review sought with respect to a motion to reopen or reconsider such an order shall be consolidated with the review of the order;”. (c) Report on Consolidation of Requests for Relief.— The Attorney General shall submit to the Congress by not later than 6104 STAT. 5066 months after the date of the enactment of this Act, a report on abuses associated with the failure of aliens to consolidate requests for discretionary relief before immigration judges at the first hearing on the merits. The Attorney General shall take into account possible exceptions appropriate in the interest of justice and shall include in the report such recommendations for changes in regulations or law as may be needed to prevent such abuses. (d) Regulations on Motions To Reopen and To Reconsider and on Administrative Appeals.— Within 6 months after the date of the enactment of this Act, the Attorney General shall issue regulations with respect to— (1) the period of time in which motions to reopen and to reconsider may be offered in deportation proceedings, which regulations include a limitation on the number of such motions that may be filed and a maximum time period for the filing of such motions; and (2) the time period for the filing of administrative appeals in deportation proceedings and for the filing of appellate and reply briefs, which regulations include a limitation on the number of administrative appeals that may be made, a maximum time period for the filing of such motions and briefs, the items to be included in the notice of appeal, and the consolidation of motions to reopen or to reconsider with the appeal of the order of deportation. (e) Conforming Amendment.— The 8th sentence of section 242(b) (8 U.S.C. 1252(b)) is amended to read as follows: “Such regulations shall include requirements consistent with section 242B.”. (f) Clerical Amendment.— The table of contents is amended by inserting after the item relating to section 242A the following new item: “Sec. 242B. Deportation procedures.”. (g) Effective Dates.— (1) Notice-related provisions.— (A) Subsections (a), (b), (c), and (e)(1) of section 242B of the Immigration and Nationality Act (as inserted by the amendment made by subsection (a)), and the amendment made by subsection (e), shall be effective on a date specified by the Attorney General in the certification described in subparagraph (B), which date may not be earlier than 6 months after the date of such certification. (B) The Attorney General shall certify to the Congress when the central address file system (described in section 242B(a)(4) of the Immigration and Nationality Act) has been established. (C) The Comptroller General shall submit to Congress, within 3 months after the date of the Attorney General’s certification under subparagraph (B), a report on the adequacy of such system. (2) Certain limits on discretionary relief; sanctions for frivolous behavior.— Subsections (d), (e)(2), and (e)(3) of section 242B of the Immigration and Nationality Act (as inserted by the amendment made by subsection (a)) shall be effective on the date of the enactment of this Act. (3) Limits on discretionary relief for failure to appear in asylum hearing.—Subsection (e)(4) of section 242B of the Immigration and Nationality Act (as inserted by the amend-104 STAT. 5067ment made by subsection (a)) shall be effective on February 1, 1991. (4) Consolidation of relief in judicial review.— The amendments made by subsection (b) shall apply to final orders of deportation entered on or after January 1, 1991.