Page:United States Statutes at Large Volume 104 Part 6.djvu/675

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5065 "(4) FAILURE TO APPEAR FOR ASYLUM HEARING.— "(A) IN GENERAL. — Subject to subparagraph (B), any alien— "(i) whose period of authorized stay (if any) has expired through the passage of time, "(ii) who has filed an application for asylum, and "(iii) who fails, other than because of exceptional circumstances, to appear at the time and place specified for the asylum hearing, shall not be eligible for relief described in paragraph (5) for a period of 5 years after the date of the asylum hearing. "(B) WRITTEN AND ORAL NOTICE REQUIRED.— Subparagraph ' (A) shall not apply in the case of an alien with respect to failure to be present at a hearing unless— "(i) written notice in English and Spanish, and oral notice either in the alien's native language or in another language the alien understands, was provided to the alien of the time and place at which the asylum hearing will be held, and in the case of any change or postponement in such time or place, written notice in English and Spanish, and oral notice either in the alien's native language or in another language the alien understands, was provided to the alien of the new time or place of the hearing; and "(ii) notices under clause (i) specified the consequences under subparagraph (A) of failing, other than because of exceptional circumstances, to attend such hearing. "(5) RELIEF COVERED. — The relief described in this paragraph is— "(A) relief under section 212(c), "(B) voluntary departure under section 242(b)(1), "(C) suspension of deportation or voluntary departure under section 244, and "(D) adjustment or change of status under section 245, 248, or 249. "(f) DEFINITIONS.— In this section: "(1) The term 'certified mail' means certified mail, return receipt requested. "(2) The term 'exceptional circumstances' refers to exceptional circumstances (such as serious illness of the alien or death of an immediate relative of the alien, but not including less compelling circumstances) beyond the control of the alien.'. (b) JUDICIAL REVIEW.—Section 106(a) (8 U.S.C. 1105a) is amended— (1) in paragraph (1), by striking "6 months" and inserting "90 days", (2) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively, and (3) by inserting after paragraph (5) the following new paragraph: "(6) whenever a petitioner seeks review of an order under this section, any review sought with respect to a motion to reopen or reconsider such an order shall be consolidated with the review of the order;". (c) REPORT ON CONSOLIDATION OF REQUESTS FOR RELIEF.— The Attorney General shall submit to the Congress by not later than 6