Act 240(d)

(d) Stipulated Removal.-The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the alien's representative) and the Service. A stipulated order shall constitute a conclusive determination of the alien's removability from the United States.

(e) Definitions.-In this section and section 240A:

(1) Exceptional circumstances.-The term "exceptional circumstances" refers to exceptional circumstances (such as 4/ battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien, or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien.

(2) Removable.-The term "removable" means-

(A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 212 , or

(B) in the case of an alien admitted to the United States, that the alien is deportable under section 237 .

FOOTNOTES FOR SECTION 240

INA: ACT 240 FN 1

FN 1 Added by § 304 of IIRIRA . Former section 240 was redesignated and moved accordingly by § 240C of IIRIRA.

INA: ACT 240 FN 2

FN 2 Section 1506(c)(1)(A) of Public law 106-386, dated October 28, 2000, added section 240(c)(6)(C).

EFFECTIVE DATE- The amendment made by section 1506(c)(1)(A) shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1229-1229c).

INA: ACT 240 FN 3

FN 3 Section 101(d) of Public Law 109-13 amended section 240(c) by redesignating paragraphs (4), (5), and (6), as paragraphs (5), (6), and (7) respectively and by adding a new paragraph (4).

INA: ACT 240 FN 3a

FN 3a Section 825(a)(1) , and (2) of Public Law 109-162, dated January 5, 2006, amended section 240(c)(7) of the Immigration and Nationality Act, as redesignated by section 101(d)(1) of the REAL ID Act of 2005, Public Law 109-13.

INA: ACT 240 FN 4

FN 4 Section 813(a)(1) of Public Law 109-162, dated January 5, 2006, amended section 240(e)(1) of the Immigration and Nationality Act.

Effective Date : The amendment made by section 813(a)(1) shall apply to a failure to appear that occurs before, on, or after the date of the enactment of this Act which is January 5, 2006.