Page:United States Statutes at Large Volume 108 Part 5.djvu/832

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

108 STAT. 4322 PUBLIC LAW 103-416—OCT. 25, 1994 "(M) an ofifense that— "(i) involves fraud or deceit in which the loss to the victim or victims exceeds $200,000; or "(ii) is described in section 7201 of the Internal Revenue Code of 1986 (relating to tax evasion) in which the revenue loss to the Government exceeds $200,000; "(N) an offense described in section 274(a)(1) of title 18, United States Code (relating to alien smuggUng) for the purpose of commercial advantage; "(O) an offense described in section 1546(a) of title 18, United States Code (relating to document fraud) which constitutes trafficking in the documents described in such section for which the term of imprisonment imposed (regardless of any suspicion of such imprisonment) is at least 5 years;

    • (P) an offense relating to a failure to sippear by a

defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 15 years or more; and "(Q) an attempt or conspiracy to commit an offense described in this paragraph. The term applies to an offense described in this paragraph whether in violation of Federal or State law and apphes to such an offense in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years.". 8 USC 1101 note. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to convictions entered on or after the date of enactment of this Act. SEC. 223. SUMMARY DEPORTATION. (a) EXPEDITED PROCEDURES. —Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended— (1) in subsection (b)(4)(D), by striking "the determination of deportability is supported by clear, convmcing, and imequivocal evidence and"; ana (2) in subsection (b)(4)(E), by striking "entered" and inserting "adjudicated". (b) TECHNICAL CORRECTION.—Section 106(d)(1)(D) of the Immigration and NationaHty Act (8 U.S.C. 1105a) is amended by striking "242A(b)(5r and inserting "242A(b)(4)". SEC. 224. JUDICIAL DEPORTATION. (a) JUDICIAL DEPORTATION.— Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by addfing at the end the following new subsection: "(d) JUDICIAL DEPORTATION.— "(1) AUTHORITY. —Notwithstanding any other provision of this Act, a United States district court shall have Jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under section 241(a)(2)(A), if such an order has been requested by the United States Attorney with the concurrence of the Commissioner and if the court chooses to exercise such jurisdiction. "(2) PROCEDURE. — Notification.

    • (A) The United States Attorney shall file with the

United States district court, and serve upon the defendant