Withdrawal without penalty in cases involving fraud, negligence, misrepresentation, extortion, and unauthorized practice of law

Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) is amended by adding at the end the following: (f) Fraud, negligence, misrepresentation, or extortion by, or attempted, promised, or actual practice of law without authorization on the part of, a representative (1) In general An alien may withdraw an application or petition submitted by the alien without penalty due to fraud, negligence, misrepresentation, or extortion by, or attempted, promised, or actual practice of law without authorization on the part of, a representative described in subsection (a) or (b) of section 1292.1 of title 8, Code of Federal Regulations, or an individual who claimed to be such a representative, if the alien establishes such fraud, negligence, misrepresentation, or extortion by, or attempted, promised, or actual practice of law without authorization on the part of, such a representative or individual, by a preponderance of the evidence. (2) Prohibition on issuance of Notice to Appear The Secretary of Homeland Security shall not issue a Notice to Appear based on information provided in an application, petition, or withdrawal request submitted by an alien described in paragraph (1)..