Page:United States Statutes at Large Volume 110 Part 4.djvu/756

 110 STAT. 3009 -593 PUBLIC LAW 104-208—SEPT. 30, 1996 "(4) NOTICE.— I f the immigration judge decides that the aUen is removable and orders the aHen to be removed, the judge shall inform the alien of the right to appeal that decision and of the consequences for failure to depart under the order of removal, including civil and criminal penalties. " (5) MOTIONS TO RECONSIDER.— "(A) IN GENERAL.—The alien may file one motion to reconsider a decision that the alien is removable from the United States. "(B) DEADLINE. — The motion must be filed within 30 days of the date of entry of a final administrative order of removal. "(C) CONTENTS. —The motion shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority. "(6) MOTIONS TO REOPEN. — "(A) IN GENERAL.— An alien may file one motion to reopen proceedings under this section. "(B) CONTENTS. —The motion to reopen shall state the new facts that will be proven at a hearing to be held if the motion is granted, and shall be supported by affidavits or other evidentiary material. " (C) DEADLINE. — "(i) IN GENERAL.— Except as provided in this subparagraph, the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal. "(ii) ASYLUM.—There is no time limit on the filing of a motion to reopen if the basis of the motion is to apply for relief under sections 208 or 241(b)(3) and is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding. "(iii) FAILURE TO APPEAR.— The filing of a motion to reopen an order entered pursuant to subsection (b)(5) is subject to the deadline specified in subparagraph (C) of such subsection. "(d) STIPULATED REMOVAL. —The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the alien's representative) and the Service. A stipulated order shall constitute a conclusive determination of the alien's removability from the United States. "(e) DEFINITIONS. —In this section and section 240A: "(1) EXCEPTIONAL CIRCUMSTANCES.— The term 'exceptional circumstances' refers to exceptional circumstances (such as serious illness of the alien or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien. "(2) REMOVABLE.—The term 'removable' means— "(A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 212, or "(B) in the case of an alien admitted to the United States, that the alien is deportable under section 237.

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