(1) Aliens arriving at the United States Subject to paragraph (3)
(A) In general Except as provided by subparagraphs (B) and (C), an alien who arrives at the United States and with respect to whom proceedings under section
1229a of this title were initiated at the time of such aliens arrival shall be removed to the country in which the alien boarded the vessel or aircraft on which the alien arrived in the United States.
(B) Travel from contiguous territory
If the alien boarded the vessel or aircraft on which the alien arrived in the United States in a foreign territory contiguous to the United States, an island adjacent to the United States, or an island adjacent to a foreign territory contiguous to the United States, and the alien is not a native, citizen, subject, or national of, or does not reside in, the territory or island, removal shall be to the country in which the alien boarded the vessel that transported the alien to the territory or island.
(C) Alternative countries If the government of the country designated in subparagraph (A) or (B) is unwilling to accept the alien into that countrys territory, removal shall be to any of the following countries, as directed by the Attorney General:
(i) The country of which the alien is a citizen, subject, or national.
(ii) The country in which the alien was born.
(iii) The country in which the alien has a residence.
(iv) A country with a government that will accept the alien into the countrys territory if removal to each country described in a previous clause of this subparagraph is impracticable, inadvisable, or impossible.
(2) Other aliens Subject to paragraph (3)
(A) Selection of country by alien Except as otherwise provided in this paragraph
(i) any alien not described in paragraph (1) who has been ordered removed may designate one country to which the alien wants to be removed, and
(ii) the Attorney General shall remove the alien to the country the alien so designates.
(B) Limitation on designation
An alien may designate under subparagraph (A)(i) a foreign territory contiguous to the United States, an adjacent island, or an island adjacent to a foreign territory contiguous to the United States as the place to which the alien is to be removed only if the alien is a native, citizen, subject, or national of, or has resided in, that designated territory or island.
(C) Disregarding designation The Attorney General may disregard a designation under subparagraph (A)(i) if
(i) the alien fails to designate a country promptly;
(ii) the government of the country does not inform the Attorney General finally, within 30 days after the date the Attorney General first inquires, whether the government will accept the alien into the country;
(iii) the government of the country is not willing to accept the alien into the country; or
(iv) the Attorney General decides that removing the alien to the country is prejudicial to the United States.
(D) Alternative country If an alien is not removed to a country designated under subparagraph (A)(i), the Attorney General shall remove the alien to a country of which the alien is a subject, national, or citizen unless the government of the country
(i) does not inform the Attorney General or the alien finally, within 30 days after the date the Attorney General first inquires or within another period of time the Attorney General decides is reasonable, whether the government will accept the alien into the country; or
(ii) is not willing to accept the alien into the country.
(E) Additional removal countries If an alien is not removed to a country under the previous subparagraphs of this paragraph, the Attorney General shall remove the alien to any of the following countries:
(i) The country from which the alien was admitted to the United States.
(ii) The country in which is located the foreign port from which the alien left for the United States or for a foreign territory contiguous to the United States.
(iii) A country in which the alien resided before the alien entered the country from which the alien entered the United States.
(iv) The country in which the alien was born.
(v) The country that had sovereignty over the aliens birthplace when the alien was born.
(vi) The country in which the aliens birthplace is located when the alien is ordered removed.
(vii) If impracticable, inadvisable, or impossible to remove the alien to each country described in a previous clause of this subparagraph, another country whose government will accept the alien into that country.
(F) Removal country when United States is at war When the United States is at war and the Attorney General decides that it is impracticable, inadvisable, inconvenient, or impossible to remove an alien under this subsection because of the war, the Attorney General may remove the alien
(i) to the country that is host to a government in exile of the country of which the alien is a citizen or subject if the government of the host country will permit the aliens entry; or
(ii) if the recognized government of the country of which the alien is a citizen or subject is not in exile, to a country, or a political or territorial subdivision of a country, that is very near the country of which the alien is a citizen or subject, or, with the consent of the government of the country of which the alien is a citizen or subject, to another country.
(3) Restriction on removal to a country where alien’s life or freedom would be threatened
(A) In general
Notwithstanding paragraphs (1) and (2), the Attorney General may not remove an alien to a country if the Attorney General decides that the aliens life or freedom would be threatened in that country because of the aliens race, religion, nationality, membership in a particular social group, or political opinion.
(B) Exception Subparagraph (A) does not apply to an alien deportable under section
1227 (a)(4)(D) of this title or if the Attorney General decides that
(i) the alien ordered, incited, assisted, or otherwise participated in the persecution of an individual because of the individuals race, religion, nationality, membership in a particular social group, or political opinion;
(ii) the alien, having been convicted by a final judgment of a particularly serious crime is a danger to the community of the United States;
(iii) there are serious reasons to believe that the alien committed a serious nonpolitical crime outside the United States before the alien arrived in the United States; or
(iv) there are reasonable grounds to believe that the alien is a danger to the security of the United States.
For purposes of clause (ii), an alien who has been convicted of an aggravated felony (or felonies) for which the alien has been sentenced to an aggregate term of imprisonment of at least 5 years shall be considered to have committed a particularly serious crime. The previous sentence shall not preclude the Attorney General from determining that, notwithstanding the length of sentence imposed, an alien has been convicted of a particularly serious crime. For purposes of clause (iv), an alien who is described in section 1227 (a)(4)(B) of this title shall be considered to be an alien with respect to whom there are reasonable grounds for regarding as a danger to the security of the United States.
(C) Sustaining burden of proof; credibility determinations In determining whether an alien has demonstrated that the aliens life or freedom would be threatened for a reason described in subparagraph (A), the trier of fact shall determine whether the alien has sustained the aliens burden of proof, and shall make credibility determinations, in the manner described in clauses (ii) and (iii) of section
1158 (b)(1)(B) of this title.