; or (iii) would be subject to torture by a government or public official acting under the color of law if the alien returned to his or her country of nationality; and (B) is otherwise eligible for asylum under section 208(a) of that Act ( 8 U.S.C. 1158(a) ). 3. Asylum ineligibility Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended by adding at the end the following: (F) Transit through third country (i) In general Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. (ii) Exceptions Clause (i) shall not apply if— (I) (aa) the alien demonstrates that he or she applied for protection from persecution or torture in one or more countries (other than the country of citizenship, nationality, or last lawful habitual residence of the alien) through which the alien transited on the way to the United States; and (bb) the alien received a final judgment denying the alien protection in such country; (II) the alien demonstrates that he or she is or has been subject to a severe form of trafficking in persons; or (III) the one or more countries through which the alien transited on the way to the United States were not, at the time of the transit, parties to— (aa) the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223))