8 U.S.C. § 1228 — Expedited removal of aliens convicted of

Page 308 TITLE 8—ALIENS AND NATIONALITY § 1228 Pub. L. 101–649, title V, § 544(d), formerly § 544(c), Nov. 29, 1990, 104 Stat. 5061, as redesignated by Pub. L. 102–232, title III, § 306(c)(5)(B), Dec. 12, 1991, 105 Stat. 1752, provided that: ‘‘The amendments made by this section [enacting section 1324c of this title and amend- ing this section] shall apply to persons or entities that have committed violations on or after the date of the enactment of this Act [Nov. 29, 1990].’’ Pub. L. 101–649, title VI, § 602(d), Nov. 29, 1990, 104 Stat. 5082, provided that: ‘‘The amendments made by this section, and by section 603(b) of this Act [amending this section, sections 1161, 1252, 1253, and 1254 of this title, and section 402 of Title 42, The Public Health and Welfare], shall not apply to deportation proceedings for which notice has been provided to the alien before March 1, 1991.’’ EFFECTIVE DATE OF 1988 AMENDMENTS Pub. L. 100–690, title VII, § 7344(b), Nov. 18, 1988, 102 Stat. 4471, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply to any alien who has been convicted, on or after the date of the enactment of this Act [Nov. 18, 1988], of an aggra- vated felony.’’ Pub. L. 100–690, title VII, § 7348(b), Nov. 18, 1988, 102 Stat. 4473, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to any alien convicted, on or after the date of the enact- ment of this Act [Nov. 18, 1988], of possessing any fire- arm or destructive device referred to in such sub- section.’’ Amendment by section 2(n)(2) of Pub. L. 100–525 effec- tive as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Pub. L. 99–653, set out as a note under section 1101 of this title. Amendment by Pub. L. 99–570 applicable to convic- tions occurring before, on, or after Oct. 27, 1986, see sec- tion 1751(c) of Pub. L. 99–570, set out as a note under section 1182 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89–236 see section 20 of Pub. L. 89–236, set out as a note under sec- tion 1151 of this title. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 18, 1956, effective July 19, 1956, see section 401 of act July 18, 1956. SAVINGS PROVISION Pub. L. 101–649, title VI, § 602(c), Nov. 29, 1990, 104 Stat. 5081, provided that: ‘‘Notwithstanding the amend- ments made by this section [amending this section], any alien who was deportable because of a conviction (before the date of the enactment of this Act [Nov. 29, 1990]) of an offense referred to in paragraph (15), (16), (17), or (18) of section 241(a) [now 237] of the Immigra- tion and Nationality Act [8 U.S.C. 1227], as in effect be- fore the date of the enactment of this Act, shall be con- sidered to remain so deportable. Except as otherwise specifically provided in such section and subsection (d) [set out as a note above], the provisions of such section, as amended by this section, shall apply to all aliens de- scribed in subsection (a) thereof notwithstanding that (1) any such alien entered the United States before the date of the enactment of this Act, or (2) the facts, by reason of which an alien is described in such sub- section, occurred before the date of the enactment of this Act.’’ 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. REPORT ON CRIMINAL ALIENS Pub. L. 101–649, title V, § 510, Nov. 29, 1990, 104 Stat. 5051, as amended by Pub. L. 102–232, title III, § 306(a)(8), (9), Dec. 12, 1991, 105 Stat. 1751, provided that the Attor- ney General was to submit to appropriate Committees of Congress, by not later than Dec. 1, 1991, a report de- scribing efforts of Immigration and Naturalization Service to identify, apprehend, detain, and remove from the United States aliens who have been convicted of crimes in the United States and including a criminal alien census and removal plan. § 1228. Expedited removal of aliens convicted of committing aggravated felonies (a) Removal of criminal aliens (1) In general The Attorney General shall provide for the availability of special removal proceedings at certain Federal, State, and local correctional facilities for aliens convicted of any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without re- gard to the date of their commission, other- wise covered by section 1227(a)(2)(A)(i) of this title. Such proceedings shall be conducted in conformity with section 1229a of this title (ex- cept as otherwise provided in this section), and in a manner which eliminates the need for additional detention at any processing center of the Service and in a manner which assures expeditious removal following the end of the alien’s incarceration for the underlying sen- tence. Nothing in this section shall be con- strued to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (2) Implementation With respect to an alien convicted of an ag- gravated felony who is taken into custody by the Attorney General pursuant to section 1226(c) of this title, the Attorney General shall, to the maximum extent practicable, de- tain any such felon at a facility at which other such aliens are detained. In the selection of such facility, the Attorney General shall make reasonable efforts to ensure that the alien’s access to counsel and right to counsel under section 1362 of this title are not impaired. (3) Expedited proceedings (A) Notwithstanding any other provision of law, the Attorney General shall provide for Page 309 TITLE 8—ALIENS AND NATIONALITY § 1228 1 So in original. Two subsecs. (c) have been enacted. 2 See References in Text note below. the initiation and, to the extent possible, the completion of removal proceedings, and any administrative appeals thereof, in the case of any alien convicted of an aggravated felony before the alien’s release from incarceration for the underlying aggravated felony. (B) Nothing in this section shall be con- strued as requiring the Attorney General to ef- fect the removal of any alien sentenced to ac- tual incarceration, before release from the penitentiary or correctional institution where such alien is confined. (4) Review (A) The Attorney General shall review and evaluate removal proceedings conducted under this section. (B) The Comptroller General shall monitor, review, and evaluate removal proceedings con- ducted under this section. Within 18 months after the effective date of this section, the Comptroller General shall submit a report to such Committees concerning the extent to which removal proceedings conducted under this section may adversely affect the ability of such aliens to contest removal effectively. (b) Removal of aliens who are not permanent residents (1) The Attorney General may, in the case of an alien described in paragraph (2), determine the deportability of such alien under section 1227(a)(2)(A)(iii) of this title (relating to convic- tion of an aggravated felony) and issue an order of removal pursuant to the procedures set forth in this subsection or section 1229a of this title. (2) An alien is described in this paragraph if the alien— (A) was not lawfully admitted for permanent residence at the time at which proceedings under this section commenced; or (B) had permanent resident status on a con- ditional basis (as described in section 1186a of this title) at the time that proceedings under this section commenced. (3) The Attorney General may not execute any order described in paragraph (1) until 14 cal- endar days have passed from the date that such order was issued, unless waived by the alien, in order that the alien has an opportunity to apply for judicial review under section 1252 of this title. (4) Proceedings before the Attorney General under this subsection shall be in accordance with such regulations as the Attorney General shall prescribe. The Attorney General shall pro- vide that— (A) the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C); (B) the alien shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as the alien shall choose; (C) the alien has a reasonable opportunity to inspect the evidence and rebut the charges; (D) a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served (ei- ther in person or by mail) is, in fact, the alien named in such notice; (E) a record is maintained for judicial re- view; and (F) the final order of removal is not adju- dicated by the same person who issues the charges. (5) No alien described in this section shall be eligible for any relief from removal that the At- torney General may grant in the Attorney Gen- eral’s discretion. (c) 1 Presumption of deportability An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States. (c) 1 Judicial removal (1) Authority Notwithstanding any other provision of this chapter, a United States district court shall have jurisdiction to enter a judicial order of removal at the time of sentencing against an alien who is deportable, 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 jurisdic- tion. (2) Procedure (A) The United States Attorney shall file with the United States district court, and serve upon the defendant and the Service, prior to commencement of the trial or entry of a guilty plea a notice of intent to request judi- cial removal. (B) Notwithstanding section 1252b 2 of this title, the United States Attorney, with the concurrence of the Commissioner, shall file at least 30 days prior to the date set for sen- tencing a charge containing factual allega- tions regarding the alienage of the defendant and identifying the crime or crimes which make the defendant deportable under section 1227(a)(2)(A) of this title. (C) If the court determines that the defend- ant has presented substantial evidence to es- tablish prima facie eligibility for relief from removal under this chapter, the Commissioner shall provide the court with a recommenda- tion and report regarding the alien’s eligi- bility for relief. The court shall either grant or deny the relief sought. (D)(i) The alien shall have a reasonable op- portunity to examine the evidence against him or her, to present evidence on his or her own behalf, and to cross-examine witnesses presented by the Government. (ii) The court, for the purposes of deter- mining whether to enter an order described in paragraph (1), shall only consider evidence that would be admissible in proceedings con- ducted pursuant to section 1229a of this title. (iii) Nothing in this subsection shall limit the information a court of the United States may receive or consider for the purposes of im- posing an appropriate sentence. (iv) The court may order the alien removed if the Attorney General demonstrates that the alien is deportable under this chapter. Page 310 TITLE 8—ALIENS AND NATIONALITY § 1228 (3) Notice, appeal, and execution of judicial order of removal (A)(i) A judicial order of removal or denial of such order may be appealed by either party to the court of appeals for the circuit in which the district court is located. (ii) Except as provided in clause (iii), such appeal shall be considered consistent with the requirements described in section 1252 of this title. (iii) Upon execution by the defendant of a valid waiver of the right to appeal the convic- tion on which the order of removal is based, the expiration of the period described in sec- tion 1252(b)(1) of this title, or the final dis- missal of an appeal from such conviction, the order of removal shall become final and shall be executed at the end of the prison term in accordance with the terms of the order. If the conviction is reversed on direct appeal, the order entered pursuant to this section shall be void. (B) As soon as is practicable after entry of a judicial order of removal, the Commissioner shall provide the defendant with written no- tice of the order of removal, which shall des- ignate the defendant’s country of choice for removal and any alternate country pursuant to section 1253(a) 2 of this title. (4) Denial of judicial order Denial of a request for a judicial order of re- moval shall not preclude the Attorney General from initiating removal proceedings pursuant to section 1229a of this title upon the same ground of deportability or upon any other ground of deportability provided under section 1227(a) of this title. (5) Stipulated judicial order of removal The United States Attorney, with the con- currence of the Commissioner, may, pursuant to Federal Rule of Criminal Procedure 11, enter into a plea agreement which calls for the alien, who is deportable under this chapter, to waive the right to notice and a hearing under this section, and stipulate to the entry of a ju- dicial order of removal from the United States as a condition of the plea agreement or as a condition of probation or supervised release, or both. The United States district court, in both felony and misdemeanor cases, and a United States magistrate judge in mis- demeanor cases, may accept such a stipulation and shall have jurisdiction to enter a judicial order of removal pursuant to the terms of such stipulation. (June 27, 1952, ch. 477, title II, ch. 4, § 238, for- merly ch. 5, § 242A, as added Pub. L. 100–690, title VII, § 7347(a), Nov. 18, 1988, 102 Stat. 4471; amend- ed Pub. L. 101–649, title V, § 506(a), Nov. 29, 1990, 104 Stat. 5050; Pub. L. 102–232, title III, § 309(b)(10), Dec. 12, 1991, 105 Stat. 1759; Pub. L. 103–322, title XIII, § 130004(a), (c), Sept. 13, 1994, 108 Stat. 2026, 2027; Pub. L. 103–416, title II, §§ 223(a), 224(a), Oct. 25, 1994, 108 Stat. 4322; Pub. L. 104–132, title IV, §§ 440(g), 442(a), (c), Apr. 24, 1996, 110 Stat. 1278–1280; renumbered ch. 4, § 238, and amended Pub. L. 104–208, div. C, title III, §§ 304(c)(1), 306(d), 308(b)(5), (c)(1), (4)(A), (e)(1)(F), (2)(D), (10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), (D), (10)(H), 374(a), title VI, § 671(b)(13), (c)(5), (6), Sept. 30, 1996, 110 Stat. 3009–597, 3009–612, 3009–615, 3009–616, 3009–619, 3009–620, 3009–622, 3009–623, 3009–625, 3009–647, 3009–722, 3009–723.) Editorial Notes REFERENCES IN TEXT For effective date of this section, referred to in sub- sec. (a)(4)(B), see Effective Date note below. This chapter, referred to in subsec. (c)(1), (2)(C), (D)(iv), (5), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immi- gration and Nationality Act, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. Section 1252b of this title, referred to in subsec. (c)(2)(B), was repealed by Pub. L. 104–208, div. C, title III, § 308(b)(6), Sept. 30, 1996, 110 Stat. 3009–615. Section 1253 of this title, referred to in subsec. (c)(3)(B), was amended generally by Pub. L. 104–208, div. C, title III, § 307(a), Sept. 30, 1996, 110 Stat. 3009–612, and, as so amended, subsec. (a) no longer contains provisions relating to alternate countries. Provisions similar to those contained in former subsec. (a) of section 1253 are now contained in section 1231(b) of this title. Federal Rule of Criminal Procedure 11, referred to in subsec. (c)(5), is set out in the Appendix to Title 18, Crimes and Criminal Procedure. CODIFICATION Section was formerly classified to section 1252a of this title prior to renumbering by Pub. L. 104–208. PRIOR PROVISIONS A prior section 1228, act June 27, 1952, ch. 477, title II, ch. 4, § 238, 66 Stat. 202, as amended, which related to entry through or from foreign contiguous territory and adjacent islands, was renumbered section 233 of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 308(b)(4), Sept. 30, 1996, 110 Stat. 3009–615, and was transferred to section 1223 of this title. AMENDMENTS 1996—Pub. L. 104–208, § 308(b)(5), substituted ‘‘re- moval’’ for ‘‘deportation’’ in section catchline. Subsec. (a). Pub. L. 104–208, § 308(e)(10), substituted ‘‘Removal’’ for ‘‘Deportation’’ in heading. Subsec. (a)(1). Pub. L. 104–208, § 308(g)(1), substituted ‘‘1227(a)(2)(A)(iii)’’ for ‘‘1251(a)(2)(A)(iii)’’. Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’ in two places. Pub. L. 104–208, § 308(c)(4)(A), inserted at end ‘‘Noth- ing in this section shall be construed to create any sub- stantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.’’ Pub. L. 104–208, § 308(c)(1)(A), substituted ‘‘section 1229a’’ for ‘‘section 1252’’. Pub. L. 104–132, § 440(g)(1)(B), struck out ‘‘, where war- ranted,’’ after ‘‘assures expeditious deportation’’. Pub. L. 104–132, § 440(g)(1)(A), as amended by Pub. L. 104–208, §§ 306(d), 308(g)(10)(H), 671(c)(5), substituted ‘‘any criminal offense covered in section 1251(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for which both pred- icate offenses are, without regard to the date of their commission, otherwise covered by section 1227(a)(2)(A)(i) of this title’’ for ‘‘aggravated felonies (as defined in section 1101(a)(43) of this title)’’. Subsec. (a)(2). Pub. L. 104–208, § 308(c)(1)(B), sub- stituted ‘‘section 1226(c)’’ for ‘‘section 1252(a)(2)’’. Pub. L. 104–132, § 440(g)(2), which directed substitution of ‘‘any criminal offense covered in section 1251(a)(2)(A)(iii), (B), (C), or (D) of this title, or any of- fense covered by section 1251(a)(2)(A)(ii) of this title for which both predicate offenses are covered by section Page 311 TITLE 8—ALIENS AND NATIONALITY § 1228 1251(a)(2)(A)(i) of this title.’’ for ‘‘aggravated felony’’ and all that follows through ‘‘before any scheduled hearings.’’, was repealed by Pub. L. 104–208, § 671(c)(6). Subsec. (a)(3), (4). Pub. L. 104–208, § 308(e)(1)(F), sub- stituted ‘‘removal’’ for ‘‘deportation’’ wherever appear- ing. Subsec. (b). Pub. L. 104–208, § 308(e)(10), substituted ‘‘Removal’’ for ‘‘Deportation’’ in heading. Subsec. (b)(1). Pub. L. 104–208, § 308(g)(5)(C), sub- stituted ‘‘section 1229a’’ for ‘‘section 1252(b)’’. Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’. Pub. L. 104–208, § 308(c)(1)(C), substituted ‘‘section 1227(a)(2)(A)(iii)’’ for ‘‘section 1251(a)(2)(A)(iii)’’. Subsec. (b)(2)(A). Pub. L. 104–132, § 442(a)(1)(A), sub- stituted ‘‘or’’ for ‘‘and’’ at end. Subsec. (b)(2)(B). Pub. L. 104–132, § 442(a)(1)(B), amend- ed subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘is not eligible for any relief from deportation under this chapter.’’ Subsec. (b)(3). Pub. L. 104–208, § 308(g)(2)(A), sub- stituted ‘‘section 1252’’ for ‘‘section 1105a’’. Pub. L. 104–132, § 442(a)(2), substituted ‘‘14 calendar days’’ for ‘‘30 calendar days’’. Subsec. (b)(4)(B). Pub. L. 104–132, § 442(a)(3), sub- stituted ‘‘proceedings’’ for ‘‘proccedings’’. Subsec. (b)(4)(D). Pub. L. 104–208, § 304(c)(1)(A), (B), re- designated subpar. (E) as (D) and amended it generally, and struck out former subpar. (D). Prior to amend- ments, subpars. (D) and (E) read as follows: ‘‘(D) such proceedings are conducted in, or translated for the alien into, a language the alien understands; ‘‘(E) a determination is made for the record at such proceedings that the individual who appears to respond in such a proceeding is an alien subject to such an expe- dited proceeding under this section and is, in fact, the alien named in the notice for such proceeding;’’. Pub. L. 104–132, § 442(a)(4)(B), added subpar. (D). Former subpar. (D) redesignated (F). Subsec. (b)(4)(E). Pub. L. 104–208, § 304(c)(1)(C), redes- ignated subpar. (F) as (E). Former subpar. (E) amended generally and redesignated (D). Pub. L. 104–132, § 442(a)(4)(B), added subpar. (E). Former subpar. (E) redesignated (G). Subsec. (b)(4)(F). Pub. L. 104–208, § 308(e)(1)(F), sub- stituted ‘‘removal’’ for ‘‘deportation’’. Pub. L. 104–208, § 304(c)(1)(C), redesignated subpar. (G) as (F). Former subpar. (F) redesignated (E). Pub. L. 104–132, § 442(a)(4)(A), redesignated subpar. (D) as (F). Subsec. (b)(4)(G). Pub. L. 104–208, § 304(c)(1)(C), redes- ignated subpar. (G) as (F). Pub. L. 104–132, § 442(a)(4)(A), redesignated subpar. (E) as (G). Subsec. (b)(5). Pub. L. 104–208, § 308(e)(1)(F), sub- stituted ‘‘removal’’ for ‘‘deportation’’. Pub. L. 104–132, § 442(a)(5), added par. (5). Subsec. (c). Pub. L. 104–208, § 671(b)(13), redesignated subsec. (d) relating to judicial removal as (c). Pub. L. 104–208, § 308(e)(10), substituted ‘‘removal’’ for ‘‘deportation’’ in heading. Pub. L. 104–132, § 442(c), added subsec. (c), relating to presumption of deportability. Subsec. (c)(1). Pub. L. 104–208, § 308(e)(1)(F), sub- stituted ‘‘removal’’ for ‘‘deportation’’. Subsec. (c)(2)(A). Pub. L. 104–208, § 308(e)(1)(F), sub- stituted ‘‘removal’’ for ‘‘deportation’’. Subsec. (c)(2)(B). Pub. L. 104–208, § 308(g)(1), sub- stituted ‘‘section 1227(a)(2)(A)’’ for ‘‘section 1251(a)(2)(A)’’. Subsec. (c)(2)(C). Pub. L. 104–208, § 308(e)(1)(F), sub- stituted ‘‘removal’’ for ‘‘deportation’’. Subsec. (c)(2)(D)(ii). Pub. L. 104–208, § 308(g)(5)(D), sub- stituted ‘‘section 1229a’’ for ‘‘section 1252(b)’’. Subsec. (c)(2)(D)(iv). Pub. L. 104–208, § 308(e)(2)(D), substituted ‘‘removed’’ for ‘‘deported’’. Subsec. (c)(3). Pub. L. 104–208, § 308(e)(10), substituted ‘‘removal’’ for ‘‘deportation’’ in heading. Subsec. (c)(3)(A)(i). Pub. L. 104–208, § 308(e)(1)(F), sub- stituted ‘‘removal’’ for ‘‘deportation’’. Subsec. (c)(3)(A)(ii). Pub. L. 104–208, § 308(g)(2)(A), sub- stituted ‘‘section 1252’’ for ‘‘section 1105a’’. Subsec. (c)(3)(A)(iii). Pub. L. 104–208, § 308(g)(2)(C), substituted ‘‘section 1252(b)(1)’’ for ‘‘section 1105a(a)(1)’’. Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’ in two places. Subsec. (c)(3)(B). Pub. L. 104–208, § 308(e)(1)(F), sub- stituted ‘‘removal’’ for ‘‘deportation’’ wherever appear- ing. Subsec. (c)(4). Pub. L. 104–208, § 308(g)(5)(A)(ii), sub- stituted ‘‘section 1229a’’ for ‘‘section 1252’’. Pub. L. 104–208, § 308(g)(1), substituted ‘‘section 1227(a)’’ for ‘‘section 1251(a)’’. Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’ in two places. Subsec. (c)(5). Pub. L. 104–208, § 308(e)(10), substituted ‘‘removal’’ for ‘‘deportation’’ in heading. Pub. L. 104–208, § 308(e)(1)(F), substituted ‘‘removal’’ for ‘‘deportation’’ in two places. Subsec. (d). Pub. L. 104–208, § 671(b)(13), redesignated subsec. (d) relating to judicial removal as (c). Subsec. (d)(1). Pub. L. 104–208, § 374(a)(1), substituted ‘‘who is deportable’’ for ‘‘whose criminal conviction causes such alien to be deportable under section 1251(a)(2)(A) of this title’’. Subsec. (d)(4). Pub. L. 104–208, § 374(a)(2), struck out ‘‘without a decision on the merits’’ after ‘‘Denial’’. Subsec. (d)(5). Pub. L. 104–208, § 374(a)(3), added par. (5). 1994—Pub. L. 103–322, § 130004(c)(1), struck out ‘‘proce- dures for’’ after ‘‘Expedited’’ in section catchline. Subsec. (a)(1). Pub. L. 103–322, § 130004(c)(2), sub- stituted subsec. heading for one which read ‘‘In gen- eral’’, redesignated existing subsec. (a) as par. (1) of subsec. (a), and inserted heading. Subsec. (a)(2). Pub. L. 103–322, § 130004(c)(3), redesig- nated subsec. (b) as par. (2) of subsec. (a). Subsec. (a)(3). Pub. L. 103–322, § 130004(c)(5), redesig- nated subsec. (d) as par. (3) of subsec. (a), and redesig- nated pars. (1) and (2) of former subsec. (d) as subpars. (A) and (B), respectively, of subsec. (a)(3). Subsec. (a)(4). Pub. L. 103–322, § 130004(c)(6), redesig- nated subsec. (e) as par. (4) of subsec. (a), redesignated par. (1) of former subsec. (e) as subpar. (A) of subsec. (a)(4) and struck out at end ‘‘Within 12 months after the effective date of this section, the Attorney General shall submit a report to the Committees on the Judici- ary of the House of Representatives and of the Senate concerning the effectiveness of such deportation pro- ceedings in facilitating the deportation of aliens con- victed of aggravated felonies.’’, and redesignated par. (2) of former subsec. (e) as subpar. (B) of subsec. (a)(4). Subsec. (b). Pub. L. 103–322, § 130004(a), added subsec. (b). Former subsec. (b) redesignated par. (2) of subsec. (a). Subsec. (b)(4)(D), (E). Pub. L. 103–416, § 223(a), struck out ‘‘the determination of deportability is supported by clear, convincing, and unequivocal evidence and’’ be- fore ‘‘a record is’’ in subpar. (D) and substituted ‘‘adju- dicated’’ for ‘‘entered’’ in subpar. (E). Subsec. (c). Pub. L. 103–322, § 130004(c)(4), struck out heading and text of subsec. (c). Prior to amendment, text read as follows: ‘‘An alien convicted of an aggra- vated felony shall be conclusively presumed to be de- portable from the United States.’’ Subsec. (d). Pub. L. 103–416, § 224(a), added subsec. (d). Pub. L. 103–322, § 130004(c)(5), redesignated subsec. (d) as par. (3) of subsec. (a). Subsec. (e). Pub. L. 103–322, § 130004(c)(6), redesignated subsec. (e) as par. (4) of subsec. (a). 1991—Subsec. (a). Pub. L. 102–232 inserted closing pa- renthesis before period at end of first sentence. 1990—Subsec. (d)(2). Pub. L. 101–649 struck out before period at end ‘‘, unless the chief prosecutor or the judge in whose jurisdiction conviction occurred sub- mits a written request to the Attorney General that such alien be so deported’’. Page 312 TITLE 8—ALIENS AND NATIONALITY § 1229 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENTS Pub. L. 104–208, div. C, title III, § 304(c)(2), Sept. 30, 1996, 110 Stat. 3009–597, provided that: ‘‘The amend- ments made by paragraph (1) [amending this section] shall be effective as if included in the enactment of sec- tion 442(a) of Public Law 104–132.’’ Amendment by section 308(b)(5), (c)(1), (4)(A), (e)(1)(F), (2)(D), (10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), (D), (10)(H) of Pub. L. 104–208 effective, with certain transi- tional provisions, on the first day of the first month be- ginning more than 180 days after Sept. 30, 1996, see sec- tion 309 of Pub. L. 104–208, set out as a note under sec- tion 1101 of this title. Pub. L. 104–208, div. C, title III, § 306(d), Sept. 30, 1996, 110 Stat. 3009–612, provided that the amendment made by section 306(d) is effective as if included in the enact- ment of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104–132. Pub. L. 104–208, div. C, title III, § 374(c), Sept. 30, 1996, 110 Stat. 3009–648, provided that: ‘‘The amendment made by subsection (a)(2) [amending this section] shall be effective as if included in the enactment of section 224(a) of the Immigration and Nationality Technical Corrections Act of 1994 [Pub. L. 103–416].’’ Amendment by section 671(b)(13) of Pub. L. 104–208 ef- fective as if included in the enactment of the Immigra- tion and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by section 671(c)(5), (6) of Pub. L. 104–208 effective as if included in the enactment of subtitle A of title IV of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104–132, see section 671(c)(7) of Pub. L. 104–208, set out as a note under section 1189 of this title. Pub. L. 104–132, title IV, § 442(d), Apr. 24, 1996, 110 Stat. 1280, provided that: ‘‘The amendments made by this section [amending this section and section 1105a of this title] shall become effective no later than 60 days after the publication by the Attorney General of imple- menting regulations that shall be published on or be- fore January 1, 1997.’’ EFFECTIVE DATE OF 1994 AMENDMENTS Amendment by section 224(a) of Pub. L. 103–416 appli- cable to all aliens whose adjudication of guilt or guilty plea is entered in the record after Oct. 25, 1994, see sec- tion 224(c) of Pub. L. 103–416, set out as a note under section 1252 of this title. Pub. L. 103–322, title XIII, § 130004(d), Sept. 13, 1994, 108 Stat. 2028, provided that: ‘‘The amendments made by this section [amending this section and section 1105a of this title] shall apply to all aliens against whom depor- tation proceedings are initiated after the date of enact- ment of this Act [Sept. 13, 1994].’’ EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–649, title V, § 506(b), Nov. 29, 1990, 104 Stat. 5050, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 29, 1990].’’ EFFECTIVE DATE Pub. L. 100–690, title VII, § 7347(c), Nov. 18, 1988, 102 Stat. 4472, provided that: ‘‘The amendments made by subsections (a) and (b) [enacting this section and amending section 1105a of this title] shall apply in the case of any alien convicted of an aggravated felony on or after the date of the enactment of this Act [Nov. 18, 1988].’’ 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. REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATION For purposes of carrying out this chapter, any ref- erence in law to an order of removal is deemed to in- clude a reference to an order of exclusion and deporta- tion or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title. EXPANDED SPECIAL REMOVAL PROCEEDINGS Pub. L. 103–322, title XIII, § 130007, Sept. 13, 1994, 108 Stat. 2029, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(5)(F), (10)(F), title VI, § 671(a)(6), Sept. 30, 1996, 110 Stat. 3009–623, 3009–625, 3009–721, provided that: ‘‘(a) IN GENERAL.—Subject to the availability of ap- propriations, the Attorney General may expand the program authorized by section[s] 238(a)(3) and 239(d) of the Immigration and Nationality Act [8 U.S.C. 1228(a)(3), 1229(d)] to ensure that such aliens are imme- diately deportable upon their release from incarcer- ation. ‘‘(b) DETENTION AND REMOVAL OF CRIMINAL ALIENS.— Subject to the availability of appropriations, the Attor- ney General may— ‘‘(1) construct or contract for the construction of 2 Immigration and Naturalization Service Processing Centers to detain criminal aliens; and ‘‘(2) provide for the detention and removal of such aliens. ‘‘(c) REPORT.—By September 30, 1996, and September 30, 1998 the Attorney General shall report to the Con- gress on the programs referred to in subsections (a) and (b). The report shall include an evaluation of the pro- grams, an outcome-based measurement of performance, and an analysis of the cost effectiveness of the addi- tional resources provided under this Act [see Tables for classification]. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this sec- tion— ‘‘(1) $55,000,000 for fiscal year 1995; ‘‘(2) $54,000,000 for fiscal year 1996; ‘‘(3) $49,000,000 for fiscal year 1997; and ‘‘(4) $2,000,000 for fiscal year 1998.’’ § 1229. Initiation of removal proceedings (a) Notice to appear (1) In general In removal proceedings under section 1229a of this title, written notice (in this section re- ferred to as a ‘‘notice to appear’’) shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying the following: (A) The nature of the proceedings against the alien. (B) The legal authority under which the proceedings are conducted. (C) The acts or conduct alleged to be in violation of law. (D) The charges against the alien and the statutory provisions alleged to have been violated. (E) The alien may be represented by coun- sel and the alien will be provided (i) a period of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel pre- pared under subsection (b)(2). (F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under section 1229a of this title.