; (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending petition for relief under a provision referred to in any of subparagraphs (A) through (G) of such section. . D Protections relating to removal, detention, and prosecution 131. Prevention of erroneous in absentia orders of removal (a) Written record of address Section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ) is amended— (1) in paragraph (1)(F), by inserting the Secretary of Homeland Security or before the Attorney General each place such term appears; and (2) in paragraph (2)(A) by striking the alien or to the alien’s counsel of record and inserting the alien and to the alien’s counsel of record. . (b) Removal in absentia and rescission of removal orders Section 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) ) is amended— (1) in paragraph (5)— (A) by amending subparagraph (A) to read as follows— (A) Removal in absentia (i) In general Any alien who, after a proceeding under this section is rescheduled by an immigration judge due to the alien’s failure to attend such proceeding, and written notice required under paragraph (1) or (2) of section 239(a) has been provided to the alien and the alien’s counsel of record, does not attend a proceeding under this section, may be ordered removed in absentia if the Department of Homeland Security establishes by clear, unequivocal, and convincing evidence that— (I) sufficient written notice was so provided; (II) the alien is removable