Pub. L. 109-162, tit. VIII, subtit. B, sec. 812
APPLICATION IN CASE OF VOLUNTARY DEPARTURE.
SEC. 812. APPLICATION IN CASE OF VOLUNTARY DEPARTURE. Section 240B(d) of the Immigration and Nationality Act (8 U.S.C. 1229c(d)) is amended to read as follows: “(d) Civil Penalty for Failure To Depart.—“(1) In general.—Subject to paragraph (2), if an alien is permitted to depart voluntarily under this section and voluntarily fails to depart the United States within the time period specified, the alien—“(A) shall be subject to a civil penalty of not less than $1,000 and not more than $5,000; and “(B) shall be ineligible, for a period of 10 years, to receive any further relief under this section and sections 240A, 245, 248, and 249. “(2) Application of vawa protections.—The restrictions on relief under paragraph (1) shall not apply to relief under section 240A or 245 on the basis of a petition filed by a VAWA self-petitioner, or a petition filed under section 240A(b)(2), or under section 244(a)(3) (as in effect prior to March 31, 1997), if the extreme cruelty or battery was at least one central reason for the alien’s overstaying the grant of voluntary departure. “(3) Notice of penalties.—The order permitting an alien to depart voluntarily shall inform the alien of the penalties under this subsection.”.