Page:United States Statutes at Large Volume 108 Part 5.djvu/833

 PUBLIC LAW 103-416—OCT. 25, 1994 108 STAT. 4323 and the Service, prior to commencement of the trial or entry of a guilty plea a notice of intent to request judicial deportation. "(B) Notwithstanding section 242B, the United States Attorney, with the concurrence of the Commissioner, shall file at least 30 days prior to the date set for sentencing a charge containing factual allegations regarding the ahenage of the defendant and identifying the crime or crimes which make 1iie defendant deportable under section 241(a)(2)(A). "(C) If the court determines that the defendant has presented substantial evidence to establish prima facie eligibOity for relief fix)m deportation under tnis Act, the Commissioner shall provide the court with a reconmiendation and report regarding the ahen's eligibility for relief. The court shall either grant or deny me relief sought. "(D)(i) The alien shall have a reasonable opportunity to examine the evidence against him or her, to present evidence on his or her own behalf, and to cross-examine witnessespresented by the Government "(ii) The coMit, for the purposes of determining whether to enter an order described m paragraph (1), shall only consider evidence that would be admissible in proceedings conducted pursuant to section 242(b). "(ui) Nothing in this subsection shall limit the information a court of the United States may receive or consider for the purposes of imposing an appropriate sentence. "(iv) The court may order the ahen deported if the Attorney General demonstrates that the alien is deportable under this Act "(3) NOTICE, APPEAL, AND EXECUTION OF JUDICIAL ORDER OF DEPORTATION. — "(A)(i) A judicial order of deportation or denial of such order may be appealed by either party to the court of appeals for the circuit in which the district court is located. "(ii) Except as provided in clause (iii), such appeal shall be considered consistent with the requirements described in section 106. "(iii) Upon execution by the defendant of a vahd waiver of the right to appeal the conviction on which the order of deportation is based, the expiration of the period described in section 106(a)(1), or the final dismissal of an appeal fix)m such conviction, the order of deportation shall become final and shall be executed at the end of the prison term in accordance with the terms of the order. If the conviction is reversed on direct appeal, the order entered pursuant to this section shall be void. "(B) As soon as is practicable after entry of a judicial order of deportation, the Commissioner shall provide the defendant with writi^en notice of the order of deportation, which shall designate the defendant's country of choice for deportation and any alternate country pursuant to section 243(a). "(4) DENIAL OF JUDICL\L ORDER.— Denial without a decision on the merits of a request for a judicial order of deportation shall not preclude the Attorney General fix)m initiating deportation proceedings pursuant to section 242 upon the same ground 79-194 O—95—27: QL 3 Part 5

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