; and (II) the Convention Against Torture. (iii) Alien referred for additional proceedings In the case of an alien interviewed under clause (i) who demonstrates that the alien is eligible to apply for protection under section 241(b)(3) or the Convention Against Torture, the alien— (I) shall not be summarily removed; and (II) shall instead be processed under section 240 or 240D, as appropriate. (iv) Additional review (I) Opportunity for secondary review A supervisory asylum officer shall review any case in which the asylum officer who interviewed the alien under the procedures in clause (iii) finds that the alien is not eligible for protection under section 241(b)(3) or the Convention Against Torture. (II) Vacatur If, in conducting such a secondary review, the supervisory asylum officer determines that the alien demonstrates eligibility for such protection— (aa) the supervisory asylum officer shall vacate the previous negative determination; and (bb) the alien shall instead be processed under section 240 or 240D. (III) Summary removal If an alien does not seek such a secondary review, or if the supervisory asylum officer finds that such alien is not eligible for such protection, the supervisory asylum officer shall order the alien summarily removed without further review. (3) Activations of authority (A) Discretionary activation The Secretary may activate the border emergency authority if, during a period of 7 consecutive calendar days, there is an average of 4,000 or more aliens who are encountered each day. (B) Mandatory activation The Secretary shall activate the border emergency authority if— (i) during a period of 7 consecutive calendar days, there is an average of 5,000 or more aliens who are encountered each day