Page:United States Statutes at Large Volume 105 Part 2.djvu/801

 PUBLIC LAW 102-232—DEC. 12, 1991 105 STAT. 1753 (6) Section 242B of the INA, as inserted by section 545(a) of the Immigration Act of 1990, is amended— 8 USC 1252b. (A) in subsection (a)(1)(E), by striking ", upon request,"; (B) in subsection (a)(2)(A)(ii), by inserting ", except under exceptional circumstances," after "failure"; (C) in subsection (a)(2), by adding at the end the following: "In the case of an alien not in detention, a written notice shall not be required under this paragraph if the alien has failed to provide the address required under subsection (a)(1)(F)."; (D) in subsection (b)(1), by inserting before the period at the end the following: ", unless the alien requests in writing an earlier hearing date"; (E) in subsection (b)(2)— (i) by inserting "pro bono" after "to represent", and (ii) by adding at the end the following: "Such lists shall be provided under subsection (a)(1)(E) and otherwise made generally available."; (F) in subsection (c)— (i) in paragraph (1), by striking "except as provided in paragraph (2)," each place it appears, (ii) in paragraph (1), by adding at the end the following: "The written notice by the Attorney General shall be considered sufficient for purposes of this paragraph if provided at the most recent address provided under subsection (a)(1)(F). ", and (iii) by striking the second sentence of paragraph (2); (G) in subsection (c)(4), by inserting "(or 30 days in the case of an alien convicted of an aggravated felony)" after "60 days"; (H) in subsection (d), by striking "the Board" and inserting "the Attorney General"; (I) in subsection (e)(4)(B), by inserting "a" after "with respect to"; and (J) in subsection (e)(5), by striking subparagraph (A) and redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively. (7) The 8th sentence of section 242(b) of the INA, as amended by section 545(e) of the Immigration Act of 1990, is amended to read as 8 USC 1252. follows: "Such regulations shall include requirements that are consistent with section 242B and that provide that— "(1) the alien shall be given notice, reasonable under all the circumstances, of the nature of the charges against him and of the time and place at which the proceedings will be held, "(2) the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose, "(3) the alien shall have a reasonable opportunity to examine the evidence against him, to present evidence on his own behalf, and to cross-examine witnesses presented by the Government, and "(4) no decision of deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence.". SEC. 307. CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION ACT OF 1990. (a) Section 212(a) of the INA, as amended by section 601(a) of the Immigration Act of 1990, is amended— 8 USC 1182. (1) in paragraph (1)(A), by adding "or" at the end of clause (ii); 49-194O- 92-26:QL.3Part 2

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