Page:United States Statutes at Large Volume 110 Part 4.djvu/752

 110 STAT. 3009 -589 PUBLIC LAW 104-208—SEPT. 30, 1996 pro bono aliens in proceedings under section 240. Such lists shall be provided under subsection (a)(1)(E) and otherwise made generally available. "(3) RULE OF CONSTRUCTION. —Nothing in this subsection may be construed to prevent the Attorney General from proceeding against an alien pursuant to section 240 if the time period described in paragraph (1) has elapsed and the alien has failed to secure counsel. "(c) SERVICE BY MAIL.— Service by mail under this section shall be sufficient if there is proof of attempted delivery to the last address provided by the alien in accordance with subsection (a)(1)(F). "(d) PROMPT INITIATION OF REMOVAL. —(1) In the case of an alien who is convicted of an offense which makes the alien deportable, the Attorney General shall begin any removal proceeding as expeditiously as possible after the date of the conviction. "(2) Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. "RE MOVAL PROCEEDINGS 8 USC 1229a. "SEC. 240. (a) PROCEEDING. — "(1) IN GENERAL.— An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien. "(2) CHARGES. — An alien placed in proceedings under this section may be charged with any applicable ground of inadmissibility under section 212(a) or any applicable ground of deportability under section 237(a). "(3) EXCLUSIVE PROCEDURES. —Unless otherwise specified in this Act, a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in this section shall affect proceedings conducted pursuant to section 238. "(b) CONDUCT OF PROCEEDING. — "(1) AUTHORITY OF IMMIGRATION JUDGE. —The immigration judge shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence. The immigration judge shall have authority (under regulations prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judge's proper exercise of authority under this Act. "(2) FORM OF PROCEEDING. — "(A) IN GENERAL.— The proceeding may take place— "(i) in person, "(ii) where agreed to by the parties, in the absence of the alien, "(iii) through video conference, or "(iv) subject to subparagraph (B), through telephone conference. "(B) CONSENT REQUIRED IN CERTAIN CASES.—An evidentiary hearing on the merits may only be conducted

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