Page:United States Statutes at Large Volume 110 Part 2.djvu/105

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PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1279 inserting "any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).". (h) DEADLINES FOR DEPORTING ALIEN.— Section 242(c) of such Act (8 U.S.C. 1252(c)) is amended— (1) by striking "(c) When a final order" and inserting "(c)(1) Subject to paragraph (2), when a final order"; and (2) by inserting at the end the following new paragraph: "(2) When a final order of deportation under administrative process is made against any alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D) or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), the Attorney General shall have 30 days from the date of the order within which to effect the alien's departure from the United States. The Attorney General shall have Waiver, sole and unreviewable discretion to waive the foregoing provision for aliens who are cooperating with law enforcement authorities or for purposes of national security.". SEC. 441. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION ORDER. (a) IN GENERAL.— Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by adding at the end the following new subsection: "(d) In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that— "(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; "(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and "(3) the entry of the order was fundamentally unfair.". (b) EFFECTIVE DATE.— The amendment made by subsection (a) 8 USC 1326 note, shall apply to criminal proceedings initiated after the date of enactment of this Act. SEC. 442. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS. (a) ADMINISTRATIVE HEARINGS. —Section 242A(b) of the Immigration and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), is amended— (1) in paragraph (2)— (A) by striking "and" at the end of subparagraph (A) and inserting "or", and (B) by amending subparagraph (B) to read as follows: "(B) had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this section commenced."; (2) in paragraph (3), by striking "30 calendar days" and inserting "14 calendar days"; (3) in paragraph (4)(B), by striking "proceedings" and inserting "proceedings"; (4) in paragraph (4)—