; or (iii) if that prisoner is an inadmissible or deportable alien under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )). (C) Application of time credits toward pre-release custody Time credits earned under this paragraph by prisoners who successfully participate in recidivism reduction programs or productive activities and who have been determined to be at minimum risk or low risk for recidivating pursuant to their last two reassessments shall be applied toward time in pre-release custody. The Director of the Bureau of Prisons shall transfer prisoners described in this subparagraph into prerelease custody, except that the Director of the Bureau of Prisons may deny such a transfer if the warden of the prison finds by clear and convincing evidence that the prisoner should not be transferred into prerelease custody based only on evidence of the prisoner’s actions after the conviction of such prisoner and not based on evidence from the underlying conviction, and submits a detailed written statement regarding such finding to the Director of the Bureau of Prisons. (D) Ineligible prisoners A prisoner is ineligible to receive time credits under this paragraph if the prisoner is serving a sentence for a conviction under any of the following provisions of law: (i) Section 113(a)(1), relating to assault with intent to commit murder. (ii) Section 115, relating to influencing, impeding, or retaliating against a Federal official by injuring a family member, except for a threat made in violation of that section. (iii) Any section of chapter 10, relating to biological weapons. (iv) Any section of chapter 11B, relating to chemical weapons. (v) Section 351, relating to Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault. (vi) Section 793, relating to gathering, transmitting, or losing defense information. (vii) Section 794, relating to gathering or delivering defense information to aid a foreign government. (viii) Any section of