; (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 application for relief under a provision referred to in any of subparagraphs (A) through (G) of such section. . (2) Conforming amendment Section 240(b)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(7) ) is amended by striking subsection (e)(1) and inserting subsection (f)(1) . (d) Prohibition on detention of certain victims with pending petitions and applications Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: (f) Detention of certain victims with pending petitions and applications (1) Presumption of release (A) In general Notwithstanding any other provision of this Act, there shall be a presumption that a noncitizen described in paragraph (2) should be released from detention. (B) Rebuttal The Secretary of Homeland Security may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that— (i) the use of alternatives to detention will not reasonably ensure the appearance of the noncitizen at removal proceedings; or (ii) the noncitizen is a threat to another person or the community. (C) Pending criminal charge A pending criminal charge against a noncitizen may not be the sole factor to justify the continued detention of the noncitizen. (2) Noncitizen described A noncitizen described in this paragraph is a noncitizen who— (A) has a pending application, which has not been found to be frivolous, under— (i) subparagraph (T) or (U) of section 101(a)(15); (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997)