8 USC 1229C(b)(3)

§ 1229c

TITLE 8—ALIENS AND NATIONALITY

able under paragraph (1)(G) or (2) through (4) of section 1227(a) of this title, and has not been convicted
of an aggravated felony; and
‘‘(E) the removal would result in extreme hardship
to the alien, the alien’s child, or (in the case of an
alien who is a child) to the alien’s parent.
In acting on applications under this paragraph, the
Attorney General shall consider any credible evidence relevant to the application. The determination
of what evidence is credible and the weight to be
given that evidence shall be within the sole discretion of the Attorney General.’’
Subsec. (b)(4). Pub. L. 106–386, § 1504(b), added par. (4).
Subsec. (d)(1). Pub. L. 106–386, § 1506(b)(1), substituted
‘‘(A) except in the case of an alien who applies for cancellation of removal under subsection (b)(2) of this section, when the alien is served a notice to appear under
section 1229(a) of this title, or (B)’’ for ‘‘when the alien
is served a notice to appear under section 1229(a) of this
title or’’.
1997—Subsec. (b)(1), (2). Pub. L. 105–100, § 204(b), in introductory provisions, substituted ‘‘may cancel removal of, and adjust to the status of an alien lawfully
admitted for permanent residence, an alien’’ for ‘‘may
cancel removal in the case of an alien’’.
Subsec. (b)(3). Pub. L. 105–100, § 204(c), amended heading and text of par. (3) generally. Prior to amendment,
text read as follows: ‘‘The Attorney General may adjust
to the status of an alien lawfully admitted for permanent residence any alien who the Attorney General determines meets the requirements of paragraph (1) or
(2). The number of adjustments under this paragraph
shall not exceed 4,000 for any fiscal year. The Attorney
General shall record the alien’s lawful admission for
permanent residence as of the date the Attorney General’s cancellation of removal under paragraph (1) or (2)
or determination under this paragraph.’’
Subsec. (e). Pub. L. 105–100, § 204(a), amended heading
and text of subsec. (e) generally. Prior to amendment,
text read as follows: ‘‘The Attorney General may not
cancel the removal and adjust the status under this
section, nor suspend the deportation and adjust the
status under section 1254(a) of this title (as in effect before September 30, 1996), of a total of more than 4,000
aliens in any fiscal year. The previous sentence shall
apply regardless of when an alien applied for such cancellation and adjustment and whether such an alien
had previously applied for suspension of deportation
under such section 1254(a) of this title.’’
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–386, div. B, title V, § 1504(c), Oct. 28, 2000,
114 Stat. 1524, provided that: ‘‘Any individual who becomes eligible for relief by reason of the enactment of
the amendments made by subsections (a) and (b)
[amending this section], shall be eligible to file a motion to reopen pursuant to section 240(c)(6)(C)(iv) [now
8 U.S.C. 1229a(c)(7)(C)(iv)]. The amendments made by
subsections (a) and (b) shall take effect as if included
in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104–208; 110 Stat. 587 [3009–587]). Such portions of the amendments made by subsection (b) that
relate to section 244(a)(3) [8 U.S.C. 1254(a)(3)] (as in effect before the title III–A effective date in section 309
of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) shall take effect as if included
in subtitle G [§ 40701 et seq.] of title IV of the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103–322; 108 Stat. 1953 et seq.) [see Tables for classification].’’
Pub. L. 106–386, div. B, title V, § 1506(b)(2), Oct. 28,
2000, 114 Stat. 1527, provided that: ‘‘The amendment
made by paragraph (1) [amending this section] shall
take effect as if included in the enactment of section
304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104–208; 110 Stat.
587 [3009–587]).’’

Page 274

EFFECTIVE DATE OF 1997 AMENDMENT
Section 204(e) of Pub. L. 105–100 provided that: ‘‘The
amendments made by this section [amending this section and provisions set out as a note under section 1101
of this title] shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110
Stat. 3009–546).’’
EFFECTIVE DATE
Section effective on the first day of the first month
beginning more than 180 days after Sept. 30, 1996, with
certain transitional provisions including provision that
subsec. (d)(1), (2) of this section be applicable to notices
to appear issued before, on, or after Sept. 30, 1996, see
section 309 of Pub. L. 104–208, set out as an Effective
Date of 1996 Amendments note under section 1101 of
this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
DISCRETION TO CONSENT TO AN ALIEN’S REAPPLICATION
FOR ADMISSION
Pub. L. 109–162, title VIII, § 813(b), Jan. 5, 2006, 119
Stat. 3058, provided that:
‘‘(1) IN GENERAL.—The Secretary of Homeland Security, the Attorney General, and the Secretary of State
shall continue to have discretion to consent to an
alien’s reapplication for admission after a previous
order of removal, deportation, or exclusion.
‘‘(2) SENSE OF CONGRESS.—It is the sense of Congress
that the officials described in paragraph (1) should particularly consider exercising this authority in cases
under the Violence Against Women Act of 1994 [Pub. L.
103–322, title IV, see Tables for classification], cases involving nonimmigrants described in subparagraph (T)
or (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), and relief under section 240A(b)(2) [8 U.S.C. 1229b(b)(2)] or 244(a)(3) [8 U.S.C.
1254(a)(3)] of such Act (as in effect on March 31, 1997)
pursuant to regulations under section 212.2 of title 8,
Code of Federal Regulations.’’
DEFINITIONS
For definition of the term ‘‘removable’’ used in subsec. (d)(1), see section 1229a(e) of this title.

§ 1229c. Voluntary departure
(a) Certain conditions
(1) In general
The Attorney General may permit an alien
voluntarily to depart the United States at the
alien’s own expense under this subsection, in
lieu of being subject to proceedings under section 1229a of this title or prior to the completion of such proceedings, if the alien is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4)(B) of this title.
(2) Period
(A) In general
Subject to subparagraph (B), permission to
depart voluntarily under this subsection
shall not be valid for a period exceeding 120
days.
(B) Three-year pilot program waiver
During the period October 1, 2000, through
September 30, 2003, and subject to subparagraphs (C) and (D)(ii), the Attorney General

Page 275

TITLE 8—ALIENS AND NATIONALITY

may, in the discretion of the Attorney General for humanitarian purposes, waive application of subparagraph (A) in the case of an
alien—
(i) who was admitted to the United
States as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this
title) under the provisions of the visa
waiver pilot program established pursuant
to section 1187 of this title, seeks the waiver for the purpose of continuing to receive
medical treatment in the United States
from a physician associated with a health
care facility, and submits to the Attorney
General—
(I) a detailed diagnosis statement from
the physician, which includes the treatment being sought and the expected time
period the alien will be required to remain in the United States;
(II) a statement from the health care
facility containing an assurance that the
alien’s treatment is not being paid
through any Federal or State public
health assistance, that the alien’s account has no outstanding balance, and
that such facility will notify the Service
when the alien is released or treatment
is terminated; and
(III) evidence of financial ability to
support the alien’s day-to-day expenses
while in the United States (including the
expenses of any family member described
in clause (ii)) and evidence that any such
alien or family member is not receiving
any form of public assistance; or
(ii) who—
(I) is a spouse, parent, brother, sister,
son, daughter, or other family member
of a principal alien described in clause
(i); and
(II) entered the United States accompanying, and with the same status as,
such principal alien.
(C) Waiver limitations
(i) Waivers under subparagraph (B) may be
granted only upon a request submitted by a
Service district office to Service headquarters.
(ii) Not more than 300 waivers may be
granted for any fiscal year for a principal
alien under subparagraph (B)(i).
(iii)(I) Except as provided in subclause (II),
in the case of each principal alien described
in subparagraph (B)(i) not more than one
adult may be granted a waiver under subparagraph (B)(ii).
(II) Not more than two adults may be
granted a waiver under subparagraph (B)(ii)
in a case in which—
(aa) the principal alien described in subparagraph (B)(i) is a dependent under the
age of 18; or
(bb) one such adult is age 55 or older or
is physically handicapped.
(D) Report to Congress; suspension of waiver
authority
(i) Not later than March 30 of each year,
the Commissioner shall submit to the Con-

§ 1229c

gress an annual report regarding all waivers
granted under subparagraph (B) during the
preceding fiscal year.
(ii) Notwithstanding any other provision of
law, the authority of the Attorney General
under subparagraph (B) shall be suspended
during any period in which an annual report
under clause (i) is past due and has not been
submitted.
(3) Bond
The Attorney General may require an alien
permitted to depart voluntarily under this
subsection to post a voluntary departure bond,
to be surrendered upon proof that the alien
has departed the United States within the
time specified.
(4) Treatment of aliens arriving in the United
States
In the case of an alien who is arriving in the
United States and with respect to whom proceedings under section 1229a of this title are
(or would otherwise be) initiated at the time
of such alien’s arrival, paragraph (1) shall not
apply. Nothing in this paragraph shall be construed as preventing such an alien from withdrawing the application for admission in accordance with section 1225(a)(4) of this title.
(b) At conclusion of proceedings
(1) In general
The Attorney General may permit an alien
voluntarily to depart the United States at the
alien’s own expense if, at the conclusion of a
proceeding under section 1229a of this title,
the immigration judge enters an order granting voluntary departure in lieu of removal and
finds that—
(A) the alien has been physically present
in the United States for a period of at least
one year immediately preceding the date the
notice to appear was served under section
1229(a) of this title;
(B) the alien is, and has been, a person of
good moral character for at least 5 years immediately preceding the alien’s application
for voluntary departure;
(C) the alien is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4) of
this title; and
(D) the alien has established by clear and
convincing evidence that the alien has the
means to depart the United States and intends to do so.
(2) Period
Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 60 days.
(3) Bond
An alien permitted to depart voluntarily
under this subsection shall be required to post
a voluntary departure bond, in an amount necessary to ensure that the alien will depart, to
be surrendered upon proof that the alien has
departed the United States within the time
specified.
(c) Aliens not eligible
The Attorney General shall not permit an
alien to depart voluntarily under this section if

§ 1230

TITLE 8—ALIENS AND NATIONALITY

the alien was previously permitted to so depart
after having been found inadmissible under section 1182(a)(6)(A) of this title.
(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 1229b, 1255, 1258,
and 1259 of this title.
(2) Application of VAWA protections
The restrictions on relief under paragraph
(1) shall not apply to relief under section 1229b
or 1255 of this title on the basis of a petition
filed by a VAWA self-petitioner, or a petition
filed under section 1229b(b)(2) of this title, or
under section 1254(a)(3) of this title (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.
(e) Additional conditions
The Attorney General may by regulation limit
eligibility for voluntary departure under this
section for any class or classes of aliens. No
court may review any regulation issued under
this subsection.
(f) Judicial review
No court shall have jurisdiction over an appeal
from denial of a request for an order of voluntary departure under subsection (b) of this
section, nor shall any court order a stay of an
alien’s removal pending consideration of any
claim with respect to voluntary departure.
(June 27, 1952, ch. 477, title II, ch. 4, § 240B, as
added Pub. L. 104–208, div. C, title III, § 304(a)(3),
Sept. 30, 1996, 110 Stat. 3009–596; amended Pub. L.
106–406, § 2, Nov. 1, 2000, 114 Stat. 1755; Pub. L.
109–162, title VIII, § 812, Jan. 5, 2006, 119 Stat.
3057.)
REFERENCES IN TEXT
Section 1254 of this title, referred to in subsec. (d)(2),
was repealed by Pub. L. 104–208, div. C, title III,
§ 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615.
AMENDMENTS
2006—Subsec. (d). Pub. L. 109–162 reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘If an alien is permitted to depart voluntarily under this section and
fails voluntarily to depart the United States within the
time period specified, the alien shall be subject to a
civil penalty of not less than $1,000 and not more than
$5,000, and be ineligible for a period of 10 years for any
further relief under this section and sections 1229b,
1255, 1258, and 1259 of this title. The order permitting

Page 276

the alien to depart voluntarily shall inform the alien of
the penalties under this subsection.’’
2000—Subsec. (a)(2). Pub. L. 106–406 amended heading
and text of par. (2) generally. Prior to amendment, text
read as follows: ‘‘Permission to depart voluntarily
under this subsection shall not be valid for a period exceeding 120 days.’’
EFFECTIVE DATE
Section effective, with certain transitional provisions, on the first day of the first month beginning
more than 180 days after Sept. 30, 1996, see section 309
of Pub. L. 104–208, set out as an Effective Date of 1996
Amendments note under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1230. Records of admission
(a) The Attorney General shall cause to be
filed, as a record of admission of each immigrant, the immigrant visa required by section
1201(e) of this title to be surrendered at the port
of entry by the arriving alien to an immigration
officer.
(b) The Attorney General shall cause to be
filed such record of the admission into the
United States of each immigrant admitted
under section 1181(b) of this title and of each
nonimmigrant as the Attorney General deems
necessary for the enforcement of the immigration laws.
(June 27, 1952, ch. 477, title II, ch. 4, § 240C, formerly § 240, 66 Stat. 204; renumbered § 240C and
amended Pub. L. 104–208, div. C, title III,
§§ 304(a)(2), 308(f)(1)(K), Sept. 30, 1996, 110 Stat.
3009–587, 3009–621.)
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–208, § 308(f)(1)(K), substituted ‘‘admission’’ for ‘‘entry’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–208 effective, with certain
transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104–208, set out as a note
under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.

§ 1231. Detention and removal of aliens ordered
removed
(a) Detention, release, and removal of aliens ordered removed
(1) Removal period
(A) In general
Except as otherwise provided in this section, when an alien is ordered removed, the
Attorney General shall remove the alien
from the United States within a period of 90
days (in this section referred to as the ‘‘removal period’’).