TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
Section 304 (Contd.)

[[Page H11800]]

``cancellation of removal; adjustment of status

``Sec. 240A. (a) Cancellation of Removal for Certain
Permanent Residents.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable
from the United States if the alien--
``(1) has been an alien lawfully admitted for permanent
residence for not less than 5 years,
``(2) has resided in the United States continuously for 7
years after having been admitted in any status, and
``(3) has not been convicted of any aggravated felony.
``(b) Cancellation of Removal and Adjustment of Status for
Certain Nonpermanent Residents.--
``(1) In general.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable
from the United States if the alien--
``(A) has been physically present in the United States for
a continuous period of not less than 10 years immediately
preceding the date of such application;
``(B) has been a person of good moral character during such
period;
``(C) has not been convicted of an offense under section
212(a)(2), 237(a)(2), or 237(a)(3); and
``(D) establishes that removal would result in exceptional
and extremely unusual hardship to the alien's spouse, parent,
or child, who is a citizen of the United States or an alien
lawfully admitted for permanent residence.
``(2) Special rule for battered spouse or child.--The
Attorney General may cancel removal in the case of an alien
who is inadmissible or deportable from the United States if
the alien demonstrates that--
``(A) the alien has been battered or subjected to extreme
cruelty in the United States by a spouse or parent who is a
United States citizen or lawful permanent resident (or is the
parent of a child of a United States citizen or lawful
permanent resident and the child has been battered or
subjected to extreme cruelty in the United States by such
citizen or permanent resident parent);
``(B) the alien has been physically present in the United
States for a continuous period of not less than 3 years
immediately preceding the date of such application;
``(C) the alien has been a person of good moral character
during such period;
``(D) the alien is not inadmissible under paragraph (2) or
(3) of section 212(a), is not deportable under paragraph
(1)(G) or (2) through (4) of section 237(a), and has not been
convicted of an aggravated felony; and
``(E) the removal would result in extreme hardship to the
alien, the alien's child, or (in the case of an alien who is
a child) to the alien's parent.

In acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible
and the weight to be given that evidence shall be within the
sole discretion of the Attorney General.
``(3) Adjustment of status.--The Attorney General may
adjust to the status of an alien lawfully admitted for
permanent residence any alien who the Attorney General
determines meets the requirements of paragraph (1) or (2).
The number of adjustments under this paragraph shall not
exceed 4,000 for any fiscal year. The Attorney General shall
record the alien's lawful admission for permanent residence
as of the date the Attorney General's cancellation of removal
under paragraph (1) or (2) or determination under this
paragraph.
``(c) Aliens Ineligible for Relief.--The provisions of
subsections (a) and (b)(1) shall not apply to any of the
following aliens:
``(1) An alien who entered the United States as a crewman
subsequent to June 30, 1964.
``(2) An alien who was admitted to the United States as a
nonimmigrant exchange alien as defined in section
101(a)(15)(J), or has acquired the status of such a
nonimmigrant exchange alien after admission, in order to
receive graduate medical education or training, regardless of
whether or not the alien is subject to or has fulfilled the
two-year foreign residence requirement of section 212(e).
``(3) An alien who--
``(A) was admitted to the United States as a nonimmigrant
exchange alien as defined in section 101(a)(15)(J) or has
acquired the status of such a nonimmigrant exchange alien
after admission other than to receive graduate medical
education or training,
``(B) is subject to the two-year foreign residence
requirement of section 212(e), and
``(C) has not fulfilled that requirement or received a
waiver thereof.
``(4) An alien who is inadmissible under section 212(a)(3)
or deportable under section 237(a)(4).
``(5) An alien who is described in section 241(b)(3)(B)(i).
``(6) An alien whose removal has previously been cancelled
under this section or whose deportation was suspended under
section 244(a) or who has been granted relief under section
212(c), as such sections were in effect before the date of
the enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
``(d) Special Rules Relating to Continuous Residence or
Physical Presence.--
``(1) Termination of continuous period.--For purposes of
this section, any period of continuous residence or
continuous physical presence in the United States shall be
deemed to end when the alien is served a notice to appear
under section 239(a) or when the alien has committed an
offense referred to in section 212(a)(2) that renders the
alien inadmissible to the United States under section
212(a)(2) or removable from the United States under section
237(a)(2) or 237(a)(4), whichever is earliest.
``(2) Treatment of certain breaks in presence.--An alien
shall be considered to have failed to maintain continuous
physical presence in the United States under subsections
(b)(1) and (b)(2) if the alien has departed from the United
States for any period in excess of 90 days or for any periods
in the aggregate exceeding 180 days.
``(3) Continuity not required because of honorable service
in armed forces and presence upon entry into service.--The
requirements of continuous residence or continuous physical
presence in the United States under subsections (a) and (b)
shall not apply to an alien who--
``(A) has served for a minimum period of 24 months in an
active-duty status in the Armed Forces of the United States
and, if separated from such service, was separated under
honorable conditions, and
``(B) at the time of the alien's enlistment or induction
was in the United States.
``(e) Annual Limitation.--The Attorney General may not
cancel the removal and adjust the status under this section,
nor suspend the deportation and adjust the status under
section 244(a) (as in effect before the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996), of a total of more than 4,000 aliens in any fiscal
year. The previous sentence shall apply regardless of when an
alien applied for such cancellation and adjustment and
whether such an alien had previously applied for suspension
of deportation under such section 244(a).


``voluntary departure

``Sec. 240B. (a) Certain Conditions.--
``(1) In general.--The Attorney General may permit an alien
voluntarily to depart the United States at the alien's own
expense under this subsection, in lieu of being subject to
proceedings under section 240 or prior to the completion of
such proceedings, if the alien is not deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4)(B).
``(2) Period.--Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 120
days.
``(3) Bond.--The Attorney General may require an alien
permitted to depart voluntarily under this subsection to post
a voluntary departure bond, to be surrendered upon proof that
the alien has departed the United States within the time
specified.
``(4) Treatment of aliens arriving in the united states.--
In the case of an alien who is arriving in the United States
and with respect to whom proceedings under section 240 are
(or would otherwise be) initiated at the time of such alien's
arrival, paragraph (1) shall not apply. Nothing in this
paragraph shall be construed as preventing such an alien from
withdrawing the application for admission in accordance with
section 235(a)(4).
``(b) At Conclusion of Proceedings.--
``(1) In general.--The Attorney General may permit an alien
voluntarily to depart the United States at the alien's own
expense if, at the conclusion of a proceeding under section
240, the immigration judge enters an order granting voluntary
departure in lieu of removal and finds that--
``(A) the alien has been physically present in the United
States for a period of at least one year immediately
preceding the date the notice to appear was served under
section 239(a);
``(B) the alien is, and has been, a person of good moral
character for at least 5 years immediately preceding the
alien's application for voluntary departure;
``(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.--If an alien 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.--

[[Page H11801]]

(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.
(2) Effective date.--The amendments made by paragraph (1)
shall be effective as if included in the enactment of section
442(a) of Public Law 104-132.