; (ii) is, and has been, a person of good moral character for at least 5 years immediately preceding the alien’s application for voluntary departure; (iii) is not deportable under paragraph (2)(A)(iii) or (4) of section 237(a); and (iv) has established, by clear and convincing evidence, that he or she has the means to depart the United States and intends to do so. (2) Departure bond The Secretary shall require any alien permitted to voluntarily depart under this subsection to post a voluntary departure bond, in an amount necessary to ensure that such alien will depart, which shall be surrendered upon proof that the alien has departed the United States within the time specified in such bond. (c) Ineligible aliens The Secretary shall not permit an alien to voluntarily depart under this section if such alien was previously permitted to voluntarily depart after having been found inadmissible under section 212(a)(6)(A). (d) Civil penalty for failure to depart (1) In general Subject to paragraph (2), an alien who was permitted to voluntarily depart the United States under this section and fails to voluntarily depart within the period specified by the Secretary— (A) shall be subject to a civil penalty of not less than $1,000 and not more than $5,000