Page:United States Statutes at Large Volume 119.djvu/3083

 PUBLIC LAW 109–162—JAN. 5, 2006

119 STAT. 3065

of the self-petition that will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and ‘‘(II) any such limitation shall not apply so as to prevent the filing of one motion to reopen described in section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)). ‘‘(ii) PRIMA FACIE CASE.—The filing of a motion to reopen under this subparagraph shall only stay the removal of a qualified alien (as defined in section 431(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.’’; (2) in subparagraph (B), in the matter preceding clause (i), by inserting ‘‘who are physically present in the United States and’’ after ‘‘filed by aliens’’; and (3) in subparagraph (B)(i), by inserting ‘‘or exclusion’’ after ‘‘deportation’’. (c) CERTIFICATION OF COMPLIANCE IN REMOVAL PROCEEDINGS.— (1) IN GENERAL.—Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) is amended by adding at the end the following new subsection: ‘‘(e) CERTIFICATION OF COMPLIANCE WITH RESTRICTIONS ON DISCLOSURE.— ‘‘(1) IN GENERAL.—In cases where an enforcement action leading to a removal proceeding was taken against an alien at any of the locations specified in paragraph (2), the Notice to Appear shall include a statement that the provisions of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) have been complied with. ‘‘(2) LOCATIONS.—The locations specified in this paragraph are as follows: ‘‘(A) At a domestic violence shelter, a rape crisis center, supervised visitation center, family justice center, a victim services, or victim services provider, or a community-based organization. ‘‘(B) At a courthouse (or in connection with that appearance of the alien at a courthouse) if the alien is appearing in connection with a protection order case, child custody case, or other civil or criminal case relating to domestic violence, sexual assault, trafficking, or stalking in which the alien has been battered or subject to extreme cruelty or if the alien is described in subparagraph (T) or (V) of section 101(a)(15).’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on the date that is 30 days after the date of the enactment of this Act and shall apply to apprehensions occurring on or after such date.

8 USC 1229 note.

SEC. 826. PROTECTING ABUSED JUVENILES.

Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357), as amended by section 726, is further amended by adding at the end the following new clause:

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