I
104TH CONGRESS
2D SESSION
H. R. 4258
To establish the United States Immigration Court.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 27, 1996
Mr. MCCOLLUM introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To establish the United States Immigration Court.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION
AND NATIONALITY ACT; TABLE OF CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘United States Immigration Court Act of 1996’’.
(b) AMENDMENTS TO IMMIGRATION AND NATIONAL-
ITY ACT.—Except as otherwise specifically provided,
whenever in this Act an amendment or repeal is expressed
as the amendment or repeal of a section or other provision,
the reference shall be considered to be made to that sec-
tion or provision in the Immigration and Nationality Act.
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; amendments to Immigration and Nationality Act; table of
contents.
Sec. 2. Establishment of United States Immigration Court.
Sec. 3. Judicial review of Immigration Court decisions.
Sec. 4. Reform of asylum.
Sec. 5. Conforming amendments.
Sec. 6. Effective date; severability.
SEC. 2. ESTABLISHMENT OF UNITED STATES IMMIGRATION
COURT.
(a) NEW CHAPTER 2.—Title I is amended—
(1) by inserting the following after the title
heading:
‘‘CHAPTER 1—DEFINITIONS AND POWERS’’ and
(2) by adding at the end the following new
chapter:
‘‘CHAPTER 2—UNITED STATES IMMIGRATION COURT
‘‘ESTABLISHMENT OF IMMIGRATION COURT
‘‘SEC. 111. ARTICLE I UNITED STATES IMMIGRA-
TION COURT.—(a) There is established, under article I of
the Constitution of the United States, a court of record
to be known as the United States Immigration Court.
‘‘(b) The Immigration Court shall consist of a trial
division and an appellate division.
‘‘APPELLATE DIVISION
‘‘SEC. 
112. 
(a) 
APPOINTMENT
OF
APPEALS
JUDGES.—The appellate division of the Immigration
Court shall be composed of a chief immigration appeals
judge and five other immigration appeals judges, ap-
pointed by the President by and with the advice and con-
sent of the Senate.
‘‘(b) TERM OF OFFICE.—The term of office of each
immigration appeals judge shall be fifteen years, except
that—
‘‘(1) of the judges first appointed under this
subsection, two shall each be appointed for terms of
five, ten, and fifteen years,
‘‘(2) a judge appointed to fill a vacancy occur-
ring before the expiration of the term for which a
predecessor was appointed shall be appointed only
for the remainder of such term, and
‘‘(3) a judge may serve after the expiration of
the judge’s term until reappointed or a successor has
taken office.
‘‘(c) COMPENSATION.—Each judge of the appellate
division shall receive a salary at the rate equal to 93 per-
cent of the next to the highest rate of basic pay for the
Senior Executive Service, except that the chief immigra-
tion appeals judge shall receive a salary at the rate equal
to 94 percent of the next to the highest rate of basic pay
for the Senior Executive Service.
‘‘(d) CHIEF IMMIGRATION APPEALS JUDGE.—The
chief immigration appeals judge shall be responsible on be-
half of the appellate division for the administrative oper-
ations of the Immigration Court and shall have the power
to appoint such administrative assistants, attorneys,
clerks, and other personnel as may be needed for that pur-
pose.
‘‘(e) QUORUM.—Three immigration appeals judges
constitute a quorum of the appellate division, except that
the chief immigration appeals judge (or any immigration
appeals judge designated by the chief judge) is empowered
to decide nondispositive motions.
‘‘(f) ACTING
IN PANELS.—The appellate division
shall act in panels of three or more judges or in banc (as
designated by the chief immigration appeals judge in ac-
cordance with the rules of the appellate division). A final
decision of such a panel shall be considered to be a final
decision of the appellate division.
‘‘(g) REMOVAL OF JUDGES FOR CAUSE.—(1) Re-
moval of an immigration appeals judge of the Immigration
Court during the term for which the judge is appointed
shall be only for incompetency, misconduct, neglect of
duty, engaging in the practice of law, or physical or mental
disability. Removal shall be by the United States Court
of Appeals for the Federal Circuit, but removal may not
occur unless a majority of all judges of such court of ap-
peals concur in the order of removal.
‘‘(2) Before any order of removal may be entered, a
full specification of the charges shall be furnished to the
immigration appeals judge involved, and such judge shall
be accorded an opportunity to be heard on the charges.
‘‘(3) Any cause for removal of any immigration ap-
peals judge coming to the knowledge of the Director of
the Administrative Office of the United States Courts or
to the Attorney General of the United States shall be re-
ported by the Director or the Attorney General to the
Chief Judge of the United States Court of Appeals for
the Federal Circuit, and a copy of the report shall at the
same time be transmitted to the immigration appeals
judge.
‘‘(4) An immigration appeals judge removed from of-
fice in accordance with this subsection shall not be per-
mitted at any time to practice before the Immigration
Court.
‘‘(h) EXPENSES FOR TRAVEL AND SUBSISTENCE.—
Immigration appeals judges shall receive necessary travel-
ing expenses and expenses actually incurred for subsist-
ence while traveling on duty and away from their des-
ignated stations, subject to the same limitations in amount
as are new or may hereafter be applicable to the United
States Court of International Trade.
‘‘(i) OFFICE OF COURT.—The principal office of the
appellate division of the Immigration Court shall be in,
or within twenty miles of, the District of Columbia, but
the Immigration Court may hold court at such times and
in such places as it may provide by rule of court.
‘‘TRIAL DIVISION
‘‘SEC. 113. (a) APPOINTMENT OF TRIAL JUDGES.—
‘‘(1) The trial division of the Immigration
Court shall be composed of a chief immigration trial
judge and other immigration trial judges, appointed
by the Chief Immigration Appeals Judge.
‘‘(2) Every immigration judge who is serving as
an immigration judge as of the time of enactment of
paragraph (1) and who is qualified under this Act
to serve as an immigration trial judge shall be ap-
pointed by the Chief Immigration Appeals Judge to
serve as an immigration trial judge pursuant to
paragraph (1).
‘‘(b) TERM OF OFFICE.—The term of office of each
immigration trial judge shall be fifteen years, except
that—
‘‘(1) a judge appointed to fill a vacancy occur-
ring before the expiration of the term for which a
predecessor was appointed shall be appointed only
for the remainder of such term, and
‘‘(2) a judge may serve after the expiration of
such judge’s term until reappointed or a successor
has taken office.
‘‘(c) COMPENSATION.—
‘‘(1) IN GENERAL.—There shall be four levels
of pay for immigration trial judges, under the Immi-
gration Judge Schedule, (designated as IJ–1, 2, 3,
and 4, respectively), and each such judge shall be
paid at one of those levels, in accordance with the
provisions of this subsection.
‘‘(2) RATES OF PAY.—(A) The rates of basic
pay for the levels established under paragraph (1)
shall be as follows:
‘‘IJ–1 .............................................
70 percent of the next to highest rate
of basic pay for the Senior Execu-
tive Service
‘‘IJ–2 .............................................
80 percent of the next to highest rate
of basic pay for the Senior Execu-
tive Service
‘‘IJ–3 .............................................
90 percent of the next to highest rate
of basic pay for the Senior Execu-
tive Service
‘‘IJ–4 .............................................
92 percent of the next to highest rate
of basic pay for the Senior Execu-
tive Service.
‘‘(B) Locality pay, where applicable, shall be
calculated into the basic pay for immigration trial
judges.
‘‘(3) APPOINTMENT.—(A) Upon appointment,
an immigration trial judge shall be paid at IJ–1,
and shall be advanced to IJ–2 upon completion of
104 weeks of service, to IJ–3 upon completion of
104 weeks of service in the next lower rate, and to
IJ–4 upon completion of 52 weeks of service in the
next lower rate.
‘‘(B) Notwithstanding subparagraph (A), the
chief immigration appeals judge may provide for a
newly- appointed immigration trial judge to be paid
at an advanced rate under such circumstances as the
chief immigration appeals judge may determine ap-
propriate.
‘‘(4) TRANSITION.—Immigration trial judges
serving as immigration judges as of the effective
date of this Act shall be paid at the rate that cor-
responds to the amount of time, as provided under
paragraph (3)(A), that they have served as an immi-
gration judge, and in no case shall such an immigra-
tion trial judge be paid less than such judge was
paid prior to the effective date.
‘‘(d) CHIEF IMMIGRATION TRIAL JUDGE.—In ac-
cordance with rules established by the appellate division
of the Immigration Court, the chief immigration trial
judge—
‘‘(1) shall have responsibility for the adminis-
trative activities affecting immigration trial judges
and shall have the power to appoint such adminis-
trative assistants, attorneys, clerks, and other per-
sonnel as may be needed for the purpose, and
‘‘(2) may designate any immigration trial judge
in active service to hear and decide any cases de-
scribed in section 114.
‘‘(e) REMOVAL
FOR
CAUSE.—Immigration trial
judges may be removed from office in the same manner
as immigration appeals judges may be removed under sec-
tion 112(g), except that any reference in that section to
the United States Court of Appeals for the Federal Circuit
shall be deemed a reference to the appellate division of
the Immigration Court.
‘‘(f) AUTHORITY
OF JUDGES.—Immigration trial
judges shall administer oaths, receive evidence, and inter-
rogate, examine, and cross-examine the alien and any wit-
nesses. Immigration trial judges may take depositions,
issue subpoenas requiring the attendance and testimony
of witnesses and the production of documentation or other
evidence from any place in the United States or any terri-
tory or possession thereof, order the taking of depositions,
and order responses to written interrogatories.
‘‘(g) WITNESS FEES.—Witnesses (whether appearing
voluntarily or under subpoena) shall be paid the same fee
and mileage allowance as are paid subpoenaed witnesses
in any other court in the United States.
‘‘(h) EXPENSES FOR TRAVEL AND SUBSISTENCE.—
Immigration trial judges shall receive necessary traveling
expenses, and expenses actually incurred for subsistence
while traveling on duty and away from their designated
stations, subject to the same limitations in amount as are
now or may hereafter be applicable to the United States
Court of International Trade.
‘‘JURISDICTION
‘‘SEC. 114. (a) THE APPELLATE DIVISION.—
‘‘(1) IN GENERAL.—The appellate division of
the Immigration Court shall hear and determine ap-
peals from—
‘‘(A) final decisions of immigration trial
judges under this Act, other than a determina-
tion granting voluntary departure under section
244(e) within a period of at least 30 days if the
sole ground of appeal is that a greater period
of departure time should have been fixed;
‘‘(B) decisions involving the imposition of
administrative fines and penalties under title II
of this Act, including mitigation thereof; and
‘‘(C)(i) decisions on petitions filed in ac-
cordance with section 204, other than petitions
to accord preference status under section
203(b) or petitions on behalf of a child de-
scribed in section 101(b)(1)(F), and
‘‘(ii) decisions on requests for revalidations
and decisions revoking approval of such peti-
tions under section 205.
‘‘(2) REVIEW OF DECISIONS.—(A) Either party
to a case may appeal an immigration trial judge’s
decision to the appellate division.
‘‘(B) Appeals to the appellate division from
final orders of deportation or exclusion (including an
order respecting asylum contained in such an order)
shall be filed not later than 20 days after the date
of the final order.
‘‘(C) The appellate division shall review the de-
cision of an immigration trial judge based solely
upon the trial record upon which the decision is
made, and the findings of fact in the judge’s order,
if supported by reasonable, substantial, and pro-
bative evidence on the record considered as a whole,
shall be conclusive.
‘‘(3) BINDING DECISIONS.—A final decision of
the appellate division shall be binding on all immi-
gration trial judges, immigration officers, and con-
sular officers under this Act unless and until other-
wise modified or reversed by the Court of Appeals
for the Federal Circuit or by the United States Su-
preme Court.
‘‘(4) DECISIONS WITHIN 60 DAYS.—In a case in
which the appellate division is considering an appeal
of a decision of an immigration trial judge respect-
ing an application for asylum, the division shall
render its decision on the appeal not later than 60
days after the date the appeal is filed.
‘‘(b) JURISDICTION OF TRIAL DIVISION.—
(1) IN
GENERAL.—Immigration trial judges
shall hear and decide—
‘‘(A) exclusion cases under section 236 and
360(c) and discretionary relief under section
212(c),
‘‘(B) deportation cases and discretionary
relief cases under sections 212(c), 242, 242A,
243, and 244,
‘‘(C) rescission of adjustment of status
cases under section 246,
‘‘(D) claims for asylum raised in proceed-
ings before the judges and in applications re-
ferred to the Immigration Court for adjudica-
tion,
‘‘(E) contested assessments of civil pen-
alties under section 274A,
‘‘(F) contested determinations relating to
bond, parole, or detention of an alien, and
‘‘(G) such other cases arising under this
Act as the appellate division may provide by
regulation.
‘‘(2) DUTIES OF TRIAL JUDGES.—In consider-
ing and deciding cases coming before them, immi-
gration trial judges shall record and receive evidence
and render findings of fact and conclusions of law,
shall determine all applications for discretionary re-
lief which may properly be raised in the proceedings,
and shall exercise such discretion conferred upon the
Attorney General by law as may be necessary for the
just and equitable disposition of cases coming before
such judges.
‘‘RULES OF COURT
‘‘SEC. 115. (a) RULES OF PRACTICE AND PROCE-
DURE.—The appellate division shall promulgate rules of
court, consistent with this Act, governing practice and pro-
cedure in the appellate division and the trial division. Only
such selected provisions of the Federal Rules of Evidence
and the Federal Rules of Civil Procedure as the appellate
division deems appropriate for inclusion in the rules of the
Immigration Court shall apply to proceedings in the Immi-
gration Court.
‘‘(B) A judge of the Immigration Court who becomes
permanently disabled from performing judicial duties
under this chapter shall certify to the President, or in the
case of an immigration trial judge to the Chief Immigra-
tion Appeals Judge, such disability in writing, and such
certificate of disability shall be signed by the chief judge
of the division. If the Chief Immigration Appeals Judge
retires for disability, such retirement shall not take effect
until concurred in by the President.
‘‘(5) The provisions of subsection (d) (relating to
computation and payment of retired pay), subsection (e)
(relating to election to receive retired pay), subsection (g)
(relating to coordination with civil service retirement), and
subsection (i) (relating to revocation of an election to re-
ceive retired pay) of section 7447 of the Internal Revenue
Code of 1954 shall apply to judges within a division of
the Immigration Court in the same manner as such provi-
sions apply to judges of the United States Tax Court.
‘‘(6) A person who has elected to receive retired pay
under the application of section 7447(e) of the Internal
Revenue Code of 1954 to judges of the Immigration Court
in accordance with paragraph (5) who thereafter—
‘‘(A) accepts any civil office or employment
under the Government of the United States (other
than the performance of judicial duties pursuant to
subsection (c)); or
‘‘(B) provides legal services to a client in a case
arising under this chapter;
shall forfeit all rights to retired pay under the application
of such section of the Internal Revenue Code of 1954 for
periods during which such person accepts such office or
employment or provides such legal services.
‘‘(7) In any determination of the length of service of
any person as a judge of the Immigration Court there
shall be included all periods of service (whether or not con-
secutive) during which the person served as a judge of the
Immigration Court under this chapter.
‘‘(b)(1) Judges of the Immigration court may provide
annuities to their surviving spouses and dependent chil-
dren in the same manner and subject to the same terms
and conditions as judges of the United States Tax Court
provide annuities to their surviving spouse and dependent
children under section 7448 of the Internal Revenue Code
of 1986.
‘‘(2) Amounts deducted and withheld from the sala-
ries of judges of the Immigration Court in the application
of section 7448(c) of the Internal Revenue Code of 1954
to such judges in accordance with paragraph (1) shall be
deposited in the Treasury to the credit of a fund to be
known as the ‘Immigration Court judges survivors annuity
fund’.
‘‘(c) SENIOR JUDGES.—(1) Any immigration appeals
or trial judge of the Immigration Court who has retired
from regular active service under subchapter III of chap-
ter 83 of title 5, United States Code, shall be known and
designated as a senior immigration appeals or trial judge
and may perform duties as an immigration appeals or trial
judge when recalled pursuant to paragraph (2).
‘‘(2) The chief immigration appeals judge may recall
any senior immigration appeals or trial judge, with such
judge’s consent, to perform such duties as an immigration
appeals or trial judge and for such period of time as such
chief judge may specify.
‘‘(3) Any senior immigration appeals judge perform-
ing duties pursuant to this section shall not be counted
as an immigration appeals judge for purposes of the num-
ber of judgeships authorized by subsection (a).
‘‘(4) Any senior immigration appeals or trial judge,
while performing duties pursuant to this section, shall be
paid the same allowances for travel and other expenses
as an immigration appeals or trial judge in active service.
Such senior immigration appeals or trial judge shall also
receive from the Immigration Court supplemental pay in
an amount sufficient, when added to his civil service re-
tirement annuity, to equal the salary of an immigration
appeals or trial judge in active service for the same period
or periods of time. Such supplemental pay shall be paid
in the same manner as the salary of an immigration ap-
peals or trial judge.’’.
(b) CONFORMING AMENDMENTS TO THE TABLE OF
CONTENTS.—The table of contents is amended—
(1) by inserting before the item relating to section
101 the following:
‘‘CHAPTER 1—DEFINITIONS AND POWERS’’,
and
(2) by inserting after the item relating to sec-
tion 106 the following:
‘‘CHAPTER 2—UNITED STATES IMMIGRATION COURT
‘‘Sec. 111. Establishment of Immigration Court.
‘‘Sec. 112. Appellate division.
‘‘Sec. 113. Trial division.
‘‘Sec. 114. Jurisdiction.
‘‘Sec. 115. Rules of Court.
‘‘Sec. 116. Retirement of Judges; Senior Judges.’’.
(c) EFFECTIVE DATES AND TRANSITION.—
(1) IN GENERAL.—(A) Except as otherwise pro-
vided in this subsection, the amendments made by
this section take effect on the date of enactment of
this Act.
(B) Section 113(c) of chapter 2 as added by
this section shall take effect 90 days after the date
of enactment of this Act.
(2) TIMETABLE
FOR
ESTABLISHMENT
OF
COURT.—(A) The President shall nominate the chief
immigration appeals judge and other immigration
appeals judges of the appellate division of the United
States Immigration Court (hereinafter in this sub-
section referred to as the ‘‘Court’’) not later than 14
days after the date of the enactment of this Act.
(B) The chief immigration appeals judge, in
consultation with the Attorney General, shall des-
ignate a date, not later than 30 days after the chief
immigration appeals judge and a majority of the im-
migration appeals judges are appointed, on which
the appellate division shall assume the present func-
tions of the Board of Immigration Appeals (under
existing rules and regulations).
(C) Promptly after the chief immigration ap-
peals judge is appointed, such chief judge shall ap-
point immigration trial judges pursuant to section
113(a)(2).
(D) The appellate division of the Court shall provide
promptly for establishment of interim final rules of
practice and procedure which will apply to the Court
and immigration trial judges under the immigration
and Nationality Act after the transition date des-
ignated under paragraph (3).
(3) HEARING TRANSITION DATE.—(A) In order
to provide for the orderly transfer of proceedings
from the existing system to the Court, the chief im-
migration appeals judge, in consultation with the At-
torney General, shall designate a transition date, to
be not later than 45 days after the date interim final
rules of practice and procedure are established under
paragraph (2)(C).
(B) During the period before the transition
date, any proceeding or hearing under the Immigra-
tion and Nationality Act which may be conducted by
a special inquiry officer or immigration judge may
be conducted by an individual appointed as an immi-
gration trial judge in accordance with all the rules
and procedures otherwise applicable to the conduct
of such proceeding or hearing.
(4) CONTINUATION
OF
AUTHORITY.—Individ-
uals acting as special inquiry officers or immigration
judges on the date of enactment of this Act and on
the transition date may (without regard to other
provisions of law) continue to conduct proceedings or
hearings under the Immigration and Nationality Act
after such transition date during the period ending
two years after the date of the enactment of this
Act.
(5) CONTINUATION OF RIGHTS.—(A) The en-
actment of this Act shall not result in any loss of
rights or powers, interruption of jurisdiction, or
prejudice to matters pending in the Board of Immi-
gration Appeals or before special inquiry officers or
immigration judges on the day before this Act takes
effect.
(B) Under rules established by the appellate di-
vision of the United States Immigration Court, with
respect to deportation and exclusion cases and asy-
lum applications pending as of the transition date,
the appellate division shall be deemed to be a con-
tinuation of the Board of Immigration Appeals and
immigration trial judges shall be deemed a continu-
ation of special inquiry officers or immigration
judges for the purposes of effectuating the continu-
ation of all existing powers, rights, and jurisdiction.
SEC. 3. JUDICIAL REVIEW OF IMMIGRATION COURT DECI-
SIONS.
(a) IN GENERAL.—Section 106(a) is amended—
(1) by striking ‘‘the judicial review’’ and insert-
ing ‘‘the review’’,
(2) by striking ‘‘to administrative proceedings’’
and inserting ‘‘to proceedings’’,
(3) in paragraph (1), by striking ‘‘90 days’’ and
inserting ‘‘30 days’’ and by striking ‘‘,or, in the
case’’ and all that follows through ‘‘of such order’’,
(4) by amending paragraph (2) to read as fol-
lows:
‘‘(2) a petition for review shall be filed with the
Court of Appeals for the Federal Circuit;’’ and
(5) by amending paragraph (4) to read as fol-
lows:
‘‘(4) except as provided in paragraph (5)(B)—
‘‘(A) the Court of Appeals shall decide the
petition only on the record of the Immigration
Court on which the order of deportation is
based,
‘‘(B) the Immigration Court’s findings of
fact are conclusive if supported by reasonable,
substantial, and probative evidence on the
record considered as a whole, and
‘‘(C) a decision that an alien is not eligible
for admission to the United States is conclusive
unless manifestly contrary to law.’’.
(b) ASYLUM.—Section 106 is amended by adding at
the end the following new subsections:
‘‘(f) JUDICIAL REVIEW OF ORDERS UNDER SECTION
208.—To the extent that an order relates to a determina-
tion on an application for asylum, the Court of Appeals
shall only have jurisdiction to review (1) whether the juris-
diction of the Immigration Court was properly exercised,
(2) whether the asylum determination was made in accord-
ance with applicable laws and regulations, (3) the con-
stitutionality of the laws and regulations pursuant to
which the determination was made, and (4) whether the
decision was arbitrary or capricious.
‘‘(g)(1)(A) No court shall have jurisdiction to enter-
tain a petition relating to a determination concerning asy-
lum under section 208 except the United States Court of
Appeals for the Federal Circuit.
‘‘(B) No application for habeas corpus shall be enter-
tained and no extraordinary writ shall be directed to any
government official or employee and no injunctive or de-
claratory relief shall be granted with respect to an immi-
gration matter (as defined in subparagraph (E)), other
than by the Immigration Court, the United States Court
of Appeals for the Federal Circuit, or the Supreme Court.
‘‘(C) The Court of Appeals for the Federal Circuit
shall have exclusive jurisdiction to review all Constitu-
tional issues (including habeas corpus and writs for other
extraordinary relief) with respect to immigration matters
by writ of certiorari filed no later than 30 days from the
date of the final order of the appellate division of the Im-
migration Court relating to that matter.
‘‘(D) In the case of a writ of certiorari filed under
this section which the Court finds that a question of fact
is presented—
‘‘(i) if a determination with respect to that fact
was previously made by the Attorney General or the
Immigration Court, such determination shall be con-
clusive if supported in the record by reasonable, sub-
stantial, and probative evidence on the record con-
sidered as a whole, and
‘‘(ii) if no such determination was made, the
Court may provide, in accordance with rules estab-
lished by the Court in cooperation with the Immigra-
tion Court, for a hearing before an immigration trial
judge to make the appropriate findings of fact.
‘‘(E) As used in this paragraph, the term ‘immigra-
tion matter’ means a determination under this Act re-
specting deportation, exclusion, or asylum (or the custody
or detention of an alien associated therewith) or any mat-
ter reviewable by the appellate division of the Immigration
Court under section 114.
‘‘(2) Notwithstanding any other provision of law, no
court of the United States shall have jurisdiction to review
determinations of immigration trial judges or of the appel-
late division of the Immigration Court respecting the re-
opening or reconsideration of deportation or exclusion pro-
ceedings or asylum determinations outside of such pro-
ceedings, the reopening of an application for asylum be-
cause of changed circumstances, or the Attorney General’s
denial of a stay of execution of a deportation order.’’.
(c) EXPANDING JURISDICTION
OF
THE UNITED
STATES COURT OF APPEALS FOR THE FEDERAL CIR-
CUIT.—(1) Section 1295(a) of title 28, United States Code
is amended—
(A) by striking out ‘‘and’’ at the end of para-
graph (9),
(B) by striking out the period at the end of
paragraph (1) and inserting in lieu thereof ‘‘; and’’,
and
(C) by adding at the end the following new
paragraph:
‘‘(11) by writ of certiorari of an appeal under
section 106 of the Immigration and Nationality Act
and to entertain and grant applications for writs of
habeas corpus and petitions for relief respecting im-
migration matters pursuant to such section.’’.
(2) Section 2241(a) of such title is amended by strik-
ing out ‘‘Writs’’ and inserting in lieu thereof ‘‘Except as
provided in section 1295(a)(11) of this title, writs’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the hearing transition date
designated pursuant to section 2(c)(3) of this Act.
SEC. 4. REFORM OF ASYLUM.
(a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158)
is amended to read as follows:
‘‘ASYLUM
SEC. 208. (a) AUTHORITY TO APPLY FOR ASYLUM.—
‘‘(1) IN GENERAL.—Any alien who is physically
present in the United States or who arrives in the
United States (whether or not at a designated port
of entry and including an alien who is brought to the
United States after having been interdicted in inter-
national or United States water), irrespective of
such alien’s status, may apply for asylum in accord-
ance with this section or, where applicable, section
235(b).
‘‘(2) EXCEPTIONS.—
‘‘(A) SAFE THIRD COUNTRY.—Paragraph
(1) shall not apply to an alien if the Attorney
General determines that the alien may be re-
moved, including pursuant to a bilateral or mul-
tilateral agreement, to a country (other than
the country of the alien’s nationality or, in the
case of an alien having no nationality, the coun-
try of the alien’s last habitual residence) in
which the alien’s life or freedom would not be
threatened on account of race, religion, nation-
ality, membership in a particular social group,
or political opinion, and where the alien would
have access to a full and fair procedure for de-
termining a claim to asylum or equivalent tem-
porary protection, unless the Attorney General
finds that it is in the public interest for the
alien to receive asylum in the United States.
‘‘(B) TIME
LIMIT.—Subject to subpara-
graph (D), paragraph (1) shall not apply to an
alien unless the alien demonstrates by clear and
convincing evidence that the application has
been filed within 180 days after the date of the
alien’s arrival in the United States.
‘‘(C) PREVIOUS ASYLUM APPLICATIONS.—
Subject to subparagraph (D), paragraph (1)
shall not apply to an alien if the alien pre-
viously has applied for asylum and had such ap-
plication denied.
‘‘(D) CHANGED
OR
EXCEPTIONAL
CIR-
CUMSTANCES.—An application for asylum of an
alien may be considered, notwithstanding sub-
paragraphs (B) and (C), if the alien dem-
onstrates to the satisfaction of the Attorney
General either the existence of fundamentally
changed circumstances that materially affect
the applicant’s eligibility for asylum or extraor-
dinary circumstances relating to the delay in fil-
ing an application within the period specified in
subparagraph (B).
‘‘(3) LIMITATION ON JUDICIAL REVIEW.—A de-
termination of the Attorney General under para-
graph (2) is subject to review by the Immigration
Court. A final decision by the Immigration Court re-
garding such a determination is not subject to fur-
ther judicial review.
‘‘(b) CONDITIONS FOR GRANTING ASYLUM.—
‘‘(1) IN GENERAL.—The Attorney General may
grant asylum to an alien who has applied for asylum
in accordance with the requirements and procedures
established under this section whom the Immigration
Court or an asylum officer determines is a refugee
within the meaning of section 101(a)(42)(A).
‘‘(2) EXCEPTIONS.—
‘‘(A) IN
GENERAL.—Paragraph (1) shall
not apply to an alien if the Immigration Court
finds that—
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race,
religion, nationality, membership in a par-
ticular social group, or political opinion;
‘‘(ii) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States;
‘‘(iii) there are serious reasons for be-
lieving that the alien has committed a seri-
ous nonpolitical crime outside the United
States prior to the arrival of the alien in
the United States;
‘‘(iv) there are reasonable grounds for
regarding the alien as a danger to the se-
curity of the United States;
‘‘(v) the alien is excludable under sub-
clause (I), (II), (III), or (IV) of section
212(a)(3)(B)(i) or deportable under sec-
tion 241(a)(4)(B) (relating to terrorist ac-
tivity), unless, in the case only of an alien
excludable under subclause (IV) of section
212(a)(3)(B)(i), the Attorney General de-
termines, in the Attorney General’s discre-
tion, that there are not reasonable grounds
for regarding the alien as a danger to the
security of the United States; or
‘‘(vi) the alien was firmly resettled in
another country prior to arriving in the
United States.
‘‘(B) SPECIAL RULES.—
‘‘(i) CONVICTION
OF
AGGRAVATED
FELONY.—For purposes of clause (ii) of
subparagraph (A), an alien who has been
convicted of an aggravated felony shall be
considered to have been convicted of a par-
ticularly serious crime.
‘‘(ii) OFFENSES.—The Attorney Gen-
eral may designate by regulation offenses
that will be considered to be a crime de-
scribed in clause (ii) or (iii) of subpara-
graph (A).
‘‘(C) ADDITIONAL LIMITATIONS.—The At-
torney General may by regulation establish ad-
ditional limitations and conditions, consistent
with this section, under which an alien shall be
ineligible for asylum under paragraph (1).
‘‘(D) JUDICIAL REVIEW.—There shall be
no judicial review of a determination of the At-
torney General under subparagraph (A)(v).
‘‘(3) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—A spouse or child (as defined in subpara-
graphs (A), (B), (C), (D), or (E) of section
101(b)(1)) of an alien who is granted asylum under
this subsection may, if not otherwise eligible for asy-
lum under this section, be granted the same status
as the alien if accompanying, or following to join,
such alien.
‘‘(c) ASYLUM STATUS.—
‘‘(1) IN
GENERAL.—In the case of an alien
granted asylum under subsection (b), the Attorney
General—
‘‘(A) shall not remove or return the alien
to the alien’s country of nationality or, in the
case of a person having no nationality, the
country of the alien’s last habitual residence;
‘‘(B) shall authorize the alien to engage in
employment in the United States and provide
the alien with appropriate endorsement of that
authorization; and
‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
‘‘(2) 
TERMINATION
OF
ASYLUM.—Asylum
granted under subsection (b) does not convey a right
to remain permanently in the United States, and
may be terminated if the Attorney General asserts
and the Immigration Court finds that—
‘‘(A) the alien no longer meets the condi-
tions described in subsection (b)(1) owing to a
fundamental change in circumstances;
‘‘(B) the alien meets a condition described
in subsection (b)(2);
‘‘(C) the alien may be deported, including
pursuant to a bilateral or multilateral agree-
ment, to a country (other than the country of
the alien’s nationality or, in the case of an alien
having no nationality, the country of the alien’s
last habitual residence) in which the alien’s life
or freedom would not be threatened on account
of race, religion, nationality, membership in a
particular social group, or political opinion, and
where the alien is eligible to receive asylum or
equivalent temporary protection;
‘‘(D) the alien has voluntarily availed him-
self or herself of the protection of the alien’s
country of nationality or, in the case of an alien
having no nationality, the alien’s country of last
habitual residence, by returning to such country
with permanent resident status or the reason-
able possibility of obtaining such status with
the same rights and obligations pertaining to
other permanent residents of that country; or
‘‘(E) the alien has acquired a new nation-
ality and enjoys the protection of the country of
his or her new nationality.
‘‘(3) REMOVAL
WHEN
ASYLUM
IS
TERMI-
NATED.—An alien described in paragraph (2) is sub-
ject to any applicable grounds of exclusion or deport-
ability under section 212(a) and 241(a), and the
alien’s deportation or return shall be directed by the
Attorney General in accordance with section 242 or
242A.
‘‘(d) ASYLUM PROCEDURE.—
‘‘(1) APPLICATIONS.—The Attorney General
shall establish a procedure for the filing and consid-
eration of asylum applications.
‘‘(A) The Attorney General may require
applicants to submit fingerprints and a photo-
graph at such time and in such manner to be
determined by regulation by the Attorney Gen-
eral.
‘‘(B) Except for asylum claims first raised
in a proceeding before an Immigration trial
judge, an asylum officer shall review each asy-
lum application and interview applicants.
‘‘(i) If the asylum officer determines
that an applicant is beyond a reasonable
doubt eligible for asylum, the application
shall be referred directly to the Attorney
General.
‘‘(ii) If the asylum officer determines
that an applicant is not beyond a reason-
able doubt eligible for asylum, the applica-
tion shall be referred to the Immigration
Court for adjudication of the applicant’s
claim to be a refugee within the meaning
of section 101(a)(42)(A).
‘‘(iii) The asylum officer shall prepare
a written record of a determination under
clause (i) or (ii). Such record shall include
a summary of the material facts as stated
by the applicant, such additional facts (if
any) relied upon by the officer, and the of-
ficer’s analysis of why, in light of such
facts, the alien has or has not established
eligibility beyond a reasonable doubt for
asylum. A copy of the officer’s interview
notes shall be attached to the written sum-
mary.
‘‘(iv) In the absence of exceptional cir-
cumstance, the administrative actions re-
garding an asylum application shall be
completed not later than 45 days after the
date an application is filed.
‘‘(v) The Attorney General shall re-
port to Congress annually regarding the
number and nature of applications ap-
proved under clause (i).
‘‘(C) The Attorney General shall check the
identify of each applicant against all appro-
priate records or databases maintained by the
Attorney General and by the Secretary of State,
including the Automated Visa Lookout System,
to determine any grounds on which the alien
may be excludable or deportable from the Unit-
ed States, or ineligible to apply for or be grant-
ed asylum.
‘‘(D) An applicant for assylum is not enti-
tled to employment authorization, but such au-
thorization may be provided under regulation by
the Attorney General. An applicant who is not
otherwise eligible for employment authorization
shall not be granted such authorization prior to
180 days after the date of filing of the applica-
tion for asylum.
‘‘(E) The Attorney General may impose
fees for the consideration of an application for
asylum, for employment authorization under
this section, and for adjustment of status under
section 209(b). Such fees shall not exceed the
Attorney General’s costs in processing the ap-
plications. The Attorney General may provide
for the assessment and payment of such fees
over a period of time or by installments. Noth-
ing in this paragraph shall be construed to re-
quire the Attorney General to charge fees for
processing services provided to asylum appli-
cants, or to limit the authority of the Attorney
General to set adjudication and naturalization
fees in accordance with section 286(m).
‘‘(2) NOTICE OF PRIVILEGE OF COUNSEL AND
CONSEQUENCES
OF
FRIVOLOUS
APPLICATION.—At
the time of filing an application for asylum, the At-
torney General shall—
‘‘(A) advise the alien of the privilege of
being represented by counsel and of the con-
sequences, under paragraph (6), of knowingly
filing a frivolous application for asylum; and
‘‘(B) provide the alien a list of persons
(updated not less often than quarterly) who
have indicated their availability to represent
aliens in asylum proceedings on a pro bono
basis. Such lists are to be compiled and updated
by the Immigration Court.
‘‘(3) ADJUDICATION
OF
ASYLUM
APPLICA-
TIONS.—
‘‘(A) DECISION
BY
IMMIGRATION
TRIAL
JUDGE.—In the absence of exceptional cir-
cumstances, a final decision by an immigration
trial judge on an asylum application referred to
the Immigration Court by an asylum officer
shall be issued not later than 45 days after the
application has been referred to the Immigra-
tion Court.
‘‘(B) APPEAL TO APPELLATE DIVISION.—
Any appeal to the appellate division shall be
filed within 20 days of a decision granting or
denying asylum, or within 20 days of the com-
pletion of deportation or exclusion proceedings
before an immigration trial judge under section
236 or 242, whichever is later.
‘‘(C) SANCTION
FOR
FAILURE
TO
AP-
PEAR.—In the case of an applicant for asylum
who fails without prior authorization or in the
absence of exceptional circumstances to appear
for an interview under paragraph (1)(B) or a
hearing before the Immigration Court, includ-
ing a hearing under section 236 or 242, the ap-
plication may be dismissed or the applicant may
be otherwise sanctioned for such failure.
‘‘(4) ADDITIONAL REGULATORY CONDITIONS.—
The Attorney General and the Immigration Court
may provide by regulation for any other conditions
or limitations on the consideration of an application
for asylum not inconsistent with this Act.
‘‘(5) FRIVOLOUS APPLICATIONS.—If the Immi-
gration Court determines that an alien has know-
ingly made a frivolous application for asylum and
the alien has received the notice under paragraph
(4)(A), the alien shall be permanently ineligible for
any benefits under this Act, effective as of the date
of a final determination on such application.
‘‘(7) NO PRIVATE RIGHT OF ACTION.—Nothing
in this subsection shall be construed to create any
substantive or procedural right or benefit that is le-
gally enforceable by any party against the United
States or its agencies or officers or any other per-
son.’’.
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) The item in the table of contents relating
to section 208 is amended to read as follows:
‘‘SEC. 208. Asylum.’’.
(2) Section 104(d)(1)(A) of the Immigration
Act of 1990 (Public Law 101–649) is amended by
striking ‘‘208(b)’’ and inserting ‘‘208’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to applications for asylum filed
on or after the first day of the first month beginning more
than 180 days after the date of enactment of this Act.
SEC. 5. CONFORMING AMENDMENTS.
(a) SECTION 209.—Section 209(a)(2) (8 U.S.C.
1159(a)(2)) is amended by striking ‘‘a special inquiry offi-
cer’’ and inserting ‘‘an immigration trial judge’’.
(b) SECTION 234.—Section 234 (8 U.S.C. 1224) is
amended by striking ‘‘special inquiry officers’’ and insert-
ing ‘‘Immigration Court’’.
(c) SECTION 235.—(1) Subsection (a) of section 235
(8 U.S.C. 1225) is amended—
(A) by striking ‘‘in regard to special inquiry of-
ficers’’ in the first sentence;
(B) by striking ‘‘, including special inquiry offi-
cers,’’ in the fourth sentence;
(C) by striking ‘‘, including special inquiry offi-
cer,’’ and ‘‘and special inquiry officers’’ in the sixth
sentence; and
(D) by striking ‘‘or special inquiry officer’’ each
place it appears in the seventh sentence.
(2) Subsection (b) of such section is amended—
(A) by striking ‘‘for further inquiry to be con-
ducted by a special inquiry officer’’ and inserting
‘‘for a hearing before the Immigration Court’’, and
(B) by striking ‘‘before a special inquiry officer
for further inquiry’’ and inserting ‘‘before the Immi-
gration Court for a hearing’’.
(3) Subsection (c) of such section is amended—
(A) by striking ‘‘the special inquiry officer’’ and
inserting ‘‘the Immigration Court’’,
(B) by striking ‘‘before either of such officers’’
and inserting ‘‘or hearing’’,
(C) by striking ‘‘no further inquiry by a special
inquiry officer’’ and inserting ‘‘no further proceed-
ings by the Immigration Court’’,
(D) by striking ‘‘such an inquiry or further in-
quiry’’ and inserting ‘‘an inquiry’’,
(E) by striking ‘‘any inquiry or further inquiry
by a special inquiry officer’’ and inserting ‘‘any
hearing or further proceedings before the Immigra-
tion Court’’, and
(F) by striking ‘‘an inquiry before a special in-
quiry officer’’ and inserting ‘‘any proceedings before
the Immigration Court’’.
(d) SECTION 236.—(1) Subsection (a) of section 236
(8 U.S.C. 1226) is amended to read as follows:
‘‘(a) An immigration trial judge shall conduct pro-
ceedings under this section, administer oaths, present and
receive evidence, and interrogate, examine, and cross-ex-
amine the alien or witnesses. Such judge shall have au-
thority in any case to determine whether an arriving alien
who has been detained for a hearing under paragraph
(1)(C)(ii), (2), or (3) of section 235(b) shall be allowed
to enter or shall be excluded and deported. The decision
of such judge shall be based only on the evidence produced
at the hearing. No immigration trial judge shall conduct
a proceeding in any case under this section in which such
judge participated in prosecuting functions. Proceedings
before an immigration trial judge under this section shall
be conducted in accordance with this section and such
rules as the Immigration Court shall promulgate, and
shall be the sole and exclusive procedure for determining
admissibility of a person to the United States under the
provisions of this section. At such hearing, which shall be
kept separate and apart from the public, the alien may
have one friend or relative present, under such conditions
as may be prescribed by the Immigration Court. A com-
plete record of the proceedings and of all testimony and
evidence produced at such hearing shall be kept.’’.
(2) Subsection (b) of such section is amended to read
as follows:
‘‘(b)(1) From a decision of an immigration trial judge
excluding an alien, such alien may take a timely appeal
to the appellate division of the Immigration Court in ac-
cordance with chapter 2 of title I, and any such alien shall
be advised of his right to take such appeal. No appeal may
be taken from an exclusion under section 235(c), and ap-
peals of exclusions under section 235(b)(1) are governed
exclusively by section 106(e).
‘‘(2) From a decision of the immigration trial judge
to admit an alien, the immigration officer in charge at
the port where the hearing held may take a timely appeal
to the appellate division of the Immigration Court, in ac-
cordance with chapter 2 of title I.
‘‘(3) Review by the appellate division shall be based
only on the evidence presented before the trial judge, and
the findings of fact by the trial judge are conclusive unless
any reasonable adjudicator would be compelled to conclude
to the contrary.
(e) SECTION 242.—(1) Subsection (a) of section 242
(8 U.S.C. 1252) is amended—
(A) by amending the fourth sentence of para-
graph (1) to read as follows: ‘‘Upon application by
the alien, the trial division of the Immigration Court
may review and revise a determination by the Attor-
ney General regarding the detention or release of
any alien or the grant, revocation, or denial of bond
or parole upon a conclusive showing that the Attor-
ney General is not proceeding with reasonable dis-
patch to initiate a deportation proceeding or is oth-
erwise unreasonably delaying a deportation proceed-
ing. A decision by the trial division under this para-
graph may be appealed to the appellate division by
either the alien or the Attorney General, and the de-
termination of the Attorney General shall remain ef-
fective pending such an appeal. A decision by the ap-
pellate division is not subject to further judicial re-
view.’’,
(B) by amending paragraph (2)(B) to read as
follows:
‘‘(B) The Immigration Court may order the Attorney
General to release from custody any lawfully admitted
alien who has been convicted of an aggravated felony, ei-
ther before or after a determination of deportability, only
if the alien demonstrates to the satisfaction of the Court
that such alien is not a threat to the community and that
the alien is likely to appear before any scheduled hear-
ings.’’.
(2) Subsection (b) of such section is amended—
(A) by striking ‘‘a special inquiry officer and in-
serting ‘‘an immigration trial judge’’ each place it
appears in the first, second, and seventh sentences,
(B) by striking ‘‘as authorized by the Attorney
General,’’,
(C) by striking ‘‘in which case the Attorney
General shall prescribe necessary and proper safe-
guards for the rights and privileges of such alien’’
and inserting ‘‘in which case necessary and proper
safeguards for the rights and privileges of the alien
shall be extended in accordance with rules promul-
gated by the appellate division of the Immigration
Court’’,
(D) by striking ‘‘the special inquiry officer’’ and
inserting ‘‘the immigration trial judge’’ in the third
sentence,
(E) by striking ‘‘In any case’’ and all that fol-
lows through ‘‘additional immigration officer’’ and
inserting ‘‘An immigration officer’’ and by striking
‘‘such additional immigration officer’’ and inserting
‘‘such immigration officer’’ in the fourth sentence,
(F) by striking the fifth sentence,
(G) by striking ‘‘No special inquiry officer’’ and
inserting ‘‘No immigration trial judge’’ and by strik-
ing ‘‘(except as provided in this subsection)’’ in the
sixth sentence,
(H) by striking ‘‘such regulations,’’ and all that
follows through ‘‘Attorney General’’ and inserting
‘‘such rules, not inconsistent with this Act, as the
appellate division of the Immigration Court’’ in the
seventh sentence,
(I) by striking ‘‘Such regulations’’ and inserting
‘‘Such rules’’ in the eighth sentence, and
(J) by striking ‘‘the Attorney General’’ and in-
serting ‘‘the Immigration Court’’ in the tenth sen-
tence.
(3) Subsection (c) of such section is amended—
(A) by striking ‘‘under administrative processes
is made’’ and inserting ‘‘is issued by the Immigra-
tion Court’’,
(B) by striking ‘‘judicial review is had’’ and
‘‘court’’ and inserting ‘‘an appeal is taken to the
Court of Appeals for the Federal Circuit’’ and
‘‘Court of Appeals’’, respectively, in the first sen-
tence, and
(C) by amending the second sentence to read as
follows: ‘‘Upon application by the alien, the trial di-
vision of the Immigration Court may review and re-
vise a determination by the Attorney General re-
garding the detention or release of any alien or the
grant, revocation, or denial of bond or parole during
such six-month period upon a conclusive showing
that the Attorney General is not proceeding with
reasonable dispatch to effect such alien’s departure
from the United States within such six-month pe-
riod. A decision by the trial division under this para-
graph may be appealed to the appellate division by
either the alien or the Attorney General, and the de-
termination of the Attorney General shall remain ef-
fective pending such an appeal. A decision by the ap-
pellate division is not subject to further judicial re-
view.’’.
(4) Subsection (e) of such section is amended—
(A) by striking ‘‘under administrative proc-
esses’’ and all that follows through ‘‘of the court’’
and inserting ‘‘is issued by the Immigration Court,
or, if an appeal is taken to the Court of Appeals for
the Federal Circuit, then from the date of the final
order of the Court of Appeals’’, and
(B) by striking ‘‘: Provided further,’’ and all
that follows through ‘‘under the immigration laws.’’
(5) Subsection (f) of such section is amended—
(A) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Immigration Court’’, and
(B) by striking ‘‘on any ground’’ and all that
follows through ‘‘in subsection (e),’’.
(6) Subsection (i) of such section is amended by strik-
ing ‘‘shall begin’’ and inserting ‘‘shall initiate and the Im-
migration Court shall conduct’’.
(f) SECTION 242A.—(1) Subsection (a) of section
242A (8 U.S.C. 1252a) is amended—
(A) in paragraph (1) by striking ‘‘Attorney
General’’ and inserting ‘‘Immigration Court’’,
(B) in paragraph (3)(A) by striking ‘‘shall pro-
vide for’’ and all that follows through ‘‘appeals
thereof,’’ and inserting ‘‘shall initiate and the Immi-
gration Court shall, to the extent possible, complete
deportation proceedings and appeals’’, and
(C) in paragraph (4) by striking subparagraph
(A) and striking ‘‘(B)’’.
(2) Subsection (b) of such section is amended—
(A) in paragraph (1) by striking ‘‘Attorney
General’’ and inserting ‘‘Immigration Court’’,
(B) in paragraph (3) by striking ‘‘106’’ and in-
serting ‘‘106(d)’’, and
(C) in paragraph (4) by striking ‘‘Attorney
General’’ and inserting ‘‘Immigration Court’’
each place it appears.
(3) Subsection (d) is redesignated as subsection (c)
and newly designated subsection (c)(3)(A)(i) is amended
by striking ‘‘court of appeals’’ and all that follows through
‘‘is located’’ and inserting ‘‘Court of Appeals for the Fed-
eral Circuit’’.
(g) SECTION 242B.—(1) Subsection (c) of section
242B (8 U.S.C. 1252b(d)) is amended by striking ‘‘, not-
withstanding’’ and all that follows through ‘‘deportation
and’’.
(2) Subsection (d) of such section is amended—
(A) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Immigration Court’’ each place it appears,
(B) in paragraph (1) by striking ‘‘a special in-
quiry officer or before an appellate administrative
body’’ and inserting ‘‘a judge or judges of a division
of the Court’’, and
(C) in paragraph (2) by striking ‘‘administra-
tive appeal of a’’ and inserting ‘‘appeal of an immi-
gration trial judge’s’’.
(3) Subsection (e) of such subsection is amended—
(A) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Immigration Court’’, and
(B) by inserting ‘‘, notice’’ after ‘‘under this
section’’.
(h) SECTION
243.—Section 243(h) (8 U.S.C.
1253(h)) is amended—
(1) in paragraph (1) by striking ‘‘the Attorney
General determines’’ and inserting ‘‘the Immigration
Court determines’’, and
(2) in paragraph (2) by striking ‘‘the Attorney
General’’ and inserting ‘‘the Immigration Court’’.
(i) SECTION 244.—(1) Subsection (a) of section 244
(8 U.S.C. 1254) is amended—
(A) by striking ‘‘the Attorney General may’’
and inserting ‘‘the presiding immigration trial judge
may’’,
(B) by striking ‘‘applies to the Attorney Gen-
eral’’ and inserting ‘‘applies to the Immigration
Court’’,
(C) in paragraph (1) by striking ‘‘the Attorney
General’’ and inserting ‘‘the immigration trial
judge’’, and
(D) in paragraphs (2) and (3) by striking ‘‘the
Attorney General’’ and inserting ‘‘the immigration
trial judge’’ each place it appears.
(2) Subsection (c) of such section is amended to read:
‘‘(c) Either party in a deportation proceeding may ap-
peal a decision to suspend deportation under subsection
(a).’’.
(3) Subsection (d) of such section is amended by
striking ‘‘cancellation’’ and inserting ‘‘suspension’’.
(4) Subsection (e) of such section is amended—
(A) by striking ‘‘Attorney General’’ each place
it appears and inserting ‘‘Immigration Court’’, and
(B) by striking ‘‘in his discretion’’ and inserting
‘‘in its discretion’’.
(j) SECTION
246.—Section 246(a) (8 U.S.C.
1256(a)) is amended by striking ‘‘Attorney General’’ and
inserting ‘‘Immigration Court’’ each place it appears.
(k) SECTION
243.—Section 273(d) (8 U.S.C.
1323(d)) is amended by striking ‘‘special inquiry officers’’
and inserting ‘‘immigration trial judges’’.
(l) SECTION 279.—Section 279 (8 U.S.C. 1329) is
amended—
(1) by striking out ‘‘The district courts’’ in the
first sentence and inserting ‘‘Except as otherwise
provided in this Act and except in such cases as ju-
risdiction is conferred by law in the Immigration
Court (regardless of whether the cause is brought by
or against the United States), the district courts’’,
and
(2) by striking ‘‘such suit when brought by the
United States’’ and inserting ‘‘suit brought by the
United States under this title’’.
(m) SECTION 291.—Section 291 (8 U.S.C. 1361) is
amended by inserting ‘‘or the Immigration Court’’ after
‘‘satisfaction of the Attorney General’’.
(n) SECTION 292.—Section 292 (8 U.S.C. 1362) is
amended by striking ‘‘a special inquiry officer’’ and all
that follows through ‘‘such exclusion or deportation pro-
ceedings’’ and inserting ‘‘the Immigration Court’’.
(o) SECTION 360.—The second sentence of section
360(c) (8 U.S.C. 1503(c)) is amended—
(1) by striking ‘‘by the Attorney General’’ and
inserting ‘‘by the Immigration Court’’, and
(2) by striking ‘‘by any court of competent ju-
risdiction’’ and inserting ‘‘by the Court of Appeals
of the Federal Circuit’’.
(p) SECTION 235.—Section 235(b) as amended by
section 422 of the Antiterrorism and Effective Death Pen-
alty Act of 1996 (Public Law 104–132) is amended—
(1) in paragraph (1)(C)(ii) by striking ‘‘an asy-
lum hearing before an asylum officer under section
208’’ and inserting ‘‘further consideration of the ap-
plication for asylum’’,
(2) in paragraph (1)(E)(i)—
(A) by striking ‘‘administrative appeal’’
and inserting ‘‘appeal to the Immigration
Court’’,
(B) striking ‘‘review’’ and inserting ‘‘refer-
ral to the Immigration Court’’, and
(C) adding at the end the following new
sentence: ‘‘The Immigration Court shall expe-
dited review of claims referred to it under this
clause.’’,
(3) in paragraphs (2)(A) and (3) by striking ‘‘a
special inquiry officer’’ and inserting ‘‘the Immigra-
tion Court’’ each place it appears.
SEC. 6. EFFECTIVE DATE; SEVERABILITY.
(a) EFFECTIVE DATE.—The amendments made by
section 5 shall take effect on the hearing transition date
designated pursuant to section 2(c)(3) of this Act.