; and (ii) upon motion by the alien and with the consent of the Secretary, the Executive Office for Immigration Review shall— (I) provide the alien a reasonable opportunity to apply for such status; and (II) if the alien applies within the time frame provided, suspend such proceedings until the Secretary has made a determination on the application. (B) Aliens ordered removed If an alien who meets the eligibility requirements set forth in subsection (b) is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States pursuant to section 212(a)(6)(A)(i) or 237(a)(1)(B) or (C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(A)(i) , 1227(a)(1)(B) or (C)), the Secretary shall provide the alien with the opportunity to file an application for contingent nonimmigrant status provided that the alien has not failed to comply with any order issued pursuant to section 239 or 240B of the Immigration and Nationality Act ( 8 U.S.C. 1229 , 1229c). (C) Period pending adjudication of application During the period beginning on the date on which an alien applies for contingent nonimmigrant status under subsection (c) and ending on the date on which the Secretary makes a determination regarding such application, an otherwise removable alien may not be removed from the United States unless— (i) the Secretary makes a prima facie determination that such alien is, or has become, ineligible for contingent nonimmigrant status under subsection (b)