Page:United States Statutes at Large Volume 104 Part 6.djvu/674

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104 STAT. 5064 PUBLIC LAW 101-649—NOV. 29, 1990 "(2) specify the circumstances under which an administrative appeal of a decision or ruling will be considered frivolous and will be summarily dismissed, and "(3) impose appropriate sanctions (which may include suspension and disbarment) in the case of frivolous behavior. Nothing in this subsection shall be construed as limiting the authority of the Board to take actions with respect to inappropriate behavior. "(e) LIMITATION ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR.— "(1) AT DEPORTATION PROCEEDINGS. — Any alien against whom a final order of deportation is entered in absentia under this section and who, at the time of the notice described in subsection (a)(2), was provided oral notice, either in the alien's native language or in another language the alien understands, of the time and place of the proceedings and of the consequences under this paragraph of failing, other than because of exceptional circumstances (as defined in subsection (f)(2)) to attend a proceeding under section 242, shall not be eligible for relief described in paragraph (5) for a period of 5 years after the date of the entry of the final order of deportation. " (2) VOLUNTARY DEPARTURE. — "(A) IN GENERAL.— Subject to subparagraph (B), any alien allowed to depart voluntarily under section 244(e)(l) or who has Eigreed to depart voluntarily at his own expense under section 242(b)(l) who remains in the United States after the scheduled date of departure, other than because of exceptional circumstances, shall not be eligible for relief described in paragraph (5) for a period of 5 years after the scheduled date of departure or the date of unlawful reentry, respectively. (B) WRITTEN AND ORAL NOTICE REQUIRED.— Subparagraph (A) shall not apply to an alien allowed to depart voluntarily unless, before such departure, the Attorney General has provided written notice to the alien in English and Spanish and oral notice either in the alien's native language or in another language the alien understands of the consequences under subparagraph (A) of the alien's remaining in the United States after the scheduled date of departure, other than because of exceptional circumstances. "(3) FAILURE TO APPEAR UNDER DEPORTATION ORDER.— "(A) IN GENERAL. —Subject to subparagraph (B), any alien against whom a final order of deportation is entered under this section and who fails, other than because of exceptional circumstances, to appear for deportation at the time and place ordered shall not be eligible for relief described in paragraph (5) for a period of 5 years after the date the alien was required to appear for deportation. "(B) WRITTEN AND ORAL NOTICE REQUIRED. —Subparagraph (A) shall not apply to an alien against whom a deportation order is entered unless the Attorney General has provided, orally in the alien's native language or in another language the alien understands and in the fined order of deportation under this section of the consequences under subparagraph (A) of the alien's failure, other than because of exceptional circumstances, to appear for deportation at the time and place ordered.