; (BB) an order of removal with respect to the child becomes final; or (CC) an immigration benefit is granted to the child; or (bb) an appeal to a district court or court of appeals of the United States, unless certified by the Secretary as a case of extraordinary importance; and (II) shall attach to administrative reviews and appeals. (iv) Implementation Not later than 90 days after the date of the enactment of the Border Act , the Secretary of Health and Human Services shall implement this subparagraph. (v) Remedies (I) In general For the population described in clause (i) of this subparagraph and subsection (b)(1) of section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ), declaratory judgment that the unaccompanied alien child has a right to be referred to counsel, including pro-bono counsel, or a continuance of immigration proceedings, shall be the exclusive remedies available, other than for those funds subject to appropriations. (II) Settlements Any settlement under this subparagraph shall be subject to appropriations. . 513. Counsel for certain incompetent individuals Section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1158(a) ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: (e) Representation for certain incompetent aliens (1) In general The immigration judge is authorized to appoint legal counsel or a certified representative accredited through the Department of Justice to represent an alien in removal proceedings if— (A) pro bono counsel is not available; and (B) the alien— (i) is unrepresented; (ii) was found by an immigration judge to be incompetent to represent themselves