; and (B) in the case of an alien described in paragraph (2) who is not issued an order under subparagraph (A), may determine the inadmissibility of such alien under section 212(a)(3)(B) (other than subparagraph (B)(i)(IX)) or the deportability of such alien under section 237(a)(4)(B) (other than as a consequence of being described in section 212(a)(3)(B)(i)(IX)) and issue an order of removal pursuant to the procedures set forth in this subsection or section 240. (2) Aliens described An alien is described in this paragraph if— (A) the alien has not been granted a waiver under section 212(d)(3)(C); and (B) the alien— (i) was not lawfully admitted for permanent residence at the time at which proceedings under this subsection commenced; or (ii) had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this subsection commenced. (3) Expedited proceedings Proceedings under this subsection shall be in accordance with such regulations as the Secretary of Homeland Security shall prescribe. The Secretary shall ensure 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 (either in person or by mail) is, in fact, the alien named in such notice; (E) a record is maintained for judicial review