Page:United States Statutes at Large Volume 119.djvu/3075

 PUBLIC LAW 109–162—JAN. 5, 2006

119 STAT. 3057

child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household’’.

Subtitle B—VAWA Self-Petitioners SEC. 811. DEFINITION OF VAWA SELF-PETITIONER.

Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: ‘‘(51) The term ‘VAWA self-petitioner’ means an alien, or a child of the alien, who qualifies for relief under— ‘‘(A) clause (iii), (iv), or (vii) of section 204(a)(1)(A); ‘‘(B) clause (ii) or (iii) of section 204(a)(1)(B); ‘‘(C) section 216(c)(4)(C); ‘‘(D) the first section of Public Law 89–732 (8 U.S.C. 1255 note) (commonly known as the Cuban Adjustment Act) as a child or spouse who has been battered or subjected to extreme cruelty; ‘‘(E) section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note); ‘‘(F) section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act; or ‘‘(G) section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208).’’. SEC. 812. APPLICATION IN CASE OF VOLUNTARY DEPARTURE.

Section 240B(d) of the Immigration and Nationality Act (8 U.S.C. 1229c(d)) is amended to read as follows: ‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), if an alien is permitted to depart voluntarily under this section and voluntarily fails to depart the United States within the time period specified, the alien— ‘‘(A) shall be subject to a civil penalty of not less than $1,000 and not more than $5,000; and ‘‘(B) shall be ineligible, for a period of 10 years, to receive any further relief under this section and sections 240A, 245, 248, and 249. ‘‘(2) APPLICATION OF VAWA PROTECTIONS.—The restrictions on relief under paragraph (1) shall not apply to relief under section 240A or 245 on the basis of a petition filed by a VAWA self-petitioner, or a petition filed under section 240A(b)(2), or under section 244(a)(3) (as in effect prior to March 31, 1997), if the extreme cruelty or battery was at least one central reason for the alien’s overstaying the grant of voluntary departure. ‘‘(3) NOTICE OF PENALTIES.—The order permitting an alien to depart voluntarily shall inform the alien of the penalties under this subsection.’’. SEC. 813. REMOVAL PROCEEDINGS.

(a) EXCEPTIONAL CIRCUMSTANCES.— (1) IN GENERAL.—Section 240(e)(1) of the Immigration and Nationality Act (8 U.S.C. 1229a(e)(1)) is amended by striking ‘‘serious illness of the alien’’ and inserting ‘‘battery or extreme

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