; or (ii) to an application by the alien for discretionary relief under this Act; and (D) a complete record shall be kept of all testimony and evidence produced at the proceeding. (5) Withdrawal of application for admission An unaccompanied alien child applying for admission to the United States may, and at any time before the issuance of a final order of removal, be permitted to withdraw the application and immediately be returned to the alien’s country of nationality or country of last habitual residence. (6) Consequences of failure to appear An unaccompanied alien child who does not attend a proceeding under this section, shall be ordered removed, except under exceptional circumstances where the alien’s absence is the fault of the Government, a medical emergency, or an act of nature. (d) Decision and burden of proof (1) Decision (A) In general Notwithstanding section 235(b), at the conclusion of a proceeding under this section, the immigration judge shall determine whether an unaccompanied alien child is likely— (i) to be admissible to the United States; or (ii) to be eligible for any form of relief from removal under this Act. (B) Evidence The determination of the immigration judge under subparagraph (A) shall be based only on the evidence produced at the hearing. (2) Burden of proof (A) In general In a proceeding under this section, an unaccompanied alien child who is an applicant for admission has the burden of establishing, by clear and convincing evidence, that the alien— (i) is likely to be entitled to be lawfully admitted to the United States or eligible for any form of relief from removal under this Act; or (ii) is lawfully present in the United States pursuant to a prior admission. (B) Access to documents In meeting the burden of proof under subparagraph (A)(ii), the alien shall be given access to— (i) the alien’s visa or other entry document, if any