Page:United States Statutes at Large Volume 110 Part 4.djvu/813

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-650 regulation to exercise review authority over the decision and order modifies or vacates the decision and order, or (B) within 30 days of the date of such a modification or vacation (or within 60 days of the date of decision and order of an administrative law judge if not so modified or vacated) the decision and order is referred to the Attorney General pursuant to regulations"; and (2) by striking "a final order" and inserting "the final agency decision and order". (b) EFFECTIVE DATE. —The amendments made by subsection (a) shall apply to orders issued on or after the date of the enactment of this Act. 8 USC 1324a note. SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART. (a) IN GENERAL.— The Immigration and Nationality Act is amended by inserting after section 274C the following new section: "CIVIL PENALTIES FOR FAILURE TO DEPART "SEC. 274D. (a) IN GENERAL. — Any alien subject to a final 8 USC i324d. order of removal who— "(1) willfully fails or refuses to— "(A) depart from the United States pursuant to the order, "(B) make timely application in good faith for travel or other documents necessary for departure, or "(C) present for removal at the time and place required by the Attorney General; or "(2) conspires to or takes any action designed to prevent or hamper the alien's departure pursuant to the order, shall pay a civil penalty of not more than $500 to the Commissioner for each day the alien is in violation of this section. "(b) CONSTRUCTION. —Nothing in this section shall be construed to diminish or qualify any penalties to which an alien may be subject for activities proscribed by section 243(a) or any other section of this Act.". (b) CLERICAL AMENDMENT. — The table of contents is amended by inserting after the item relating to section 274C the following new item: "Sec. 274D. Civil penalties for failure to depart.". (c) EFFECTIVE DATE. —The amendment made by subsection (a) 8 USC I324d shall apply to actions occurring on or after the title III-A effective °ote. date (as defined in section 309(a) of this division). SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION. (a) IN GENERAL. —Section 279 (8 U.S.C. 1329) is amended— (1) by amending the first sentence to read as follows: "The district courts of the United States shall have jurisdiction of all causes, civil and criminal, brought by the United States that arise under the provisions of this title.", and (2) by adding at the end the following new sentence: "Nothing in this section shall be construed as providing jurisdiction for suits against the United States or its agencies or officers.". (b) EFFECTIVE DATE. —The amendments made by subsection 8 USC 1329 note, (a) shall apply to actions filed after the date of the enactment of this Act.

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