2907 
nonstatutory), including section 2241 of 
title 28, United States Code, or any other 
habeas corpus provision, and sections 
1361 and 1651 of title 28, United States 
Code, a petition for review by the circuit 
courts of appeals filed in accordance with 
this section is the sole and exclusive 
means of judicial review of claims arising 
under the United Nations Convention 
Against Torture and Other Forms of 
Cruel, Inhuman, or Degrading Treatment 
or Punishment. 
ø‘‘(5) EXCLUSIVE
MEANS
OF
REVIEW.— 
The judicial review specified in this sub-
section shall be the sole and exclusive 
means for review by any court of an 
order of removal entered or issued under 
any provision of this Act. For purposes of 
this title, in every provision that limits or 
eliminates judicial review or jurisdiction 
to review, the terms ‘judicial review’ and 
‘jurisdiction to review’ include habeas 
corpus review pursuant to section 2241 of 
title 28, United States Code, or any other 
habeas corpus provision, sections 1361
2908 
and 1651 of title 28, United States Code, 
and review pursuant to any other provi-
sion of law.’’; 
ø(2) in subsection (b)— 
ø(A) in paragraph (3)(B), by in-
serting ‘‘pursuant to subsection (f)’’ 
after ‘‘unless’’; and 
ø(B) in paragraph (9), by adding 
at the end the following: ‘‘Except as 
otherwise 
provided 
in 
this 
sub-
section, no court shall have jurisdic-
tion, by habeas corpus under section 
2241 of title 28, United States Code, or 
any other habeas corpus provision, 
by section 1361 or 1651 of title 28, 
United States Code, or by any other 
provision of law (statutory or non-
statutory), to hear any cause or claim 
subject to these consolidation provi-
sions.’’; 
ø(3) in subsection (f)(2), by inserting 
‘‘or stay, by temporary or permanent 
order, including stays pending judicial 
review,’’ after ‘‘no court shall enjoin’’; and
2909 
ø(4) in subsection (g), by inserting 
‘‘(statutory and nonstatutory), including 
section 2241 of title 28, United States 
Code, or any other habeas corpus provi-
sion, and sections 1361 and 1651 of title 
28, United States Code’’ after ‘‘notwith-
standing any other provision of law’’. 
ø(b) EFFECTIVE DATE.—The amendments 
made by subsection (a) shall take effect upon 
the date of enactment of this Act and shall 
apply to cases in which the final administra-
tive removal order was issued before, on, or 
after the date of enactment of this Act. 
øCHAPTER 2—DEPORTATION OF TERROR-
ISTS 
AND 
SUPPORTERS 
OF 
TER-
RORISM 
øSEC. 3031. EXPANDED INAPPLICABILITY OF RESTRICTION 
ON REMOVAL. 
ø(a) IN GENERAL.—Section 241(b)(3)(B) (8 
U.S.C. 1231(b)(3)(B)) is amended— 
ø(1) in the matter preceding clause 
(i), by striking ‘‘section 237(a)(4)(D)’’ and 
inserting ‘‘paragraph (4)(B) or (4)(D) of 
section 237(a)’’; and 
ø(2) in clause (iii), by striking ‘‘or’’;
2910 
ø(3) in clause (iv), by striking the pe-
riod and inserting ‘‘; or’’ ; 
ø(4) by inserting after clause (iv) and 
following: 
ø‘‘(v) the alien is described in 
subclause (I), (II), (III), (IV), or 
(VI) of section 212(a)(3)(B)(i) or 
section 237(a)(4)(B), unless, in the 
case only of an alien described in 
subclause 
(IV) 
of 
section 
212(a)(3)(B)(i), the Secretary of 
Homeland Security determines, in 
the Secretary’s discretion, that 
there are not reasonable grounds 
for regarding the alien as a dan-
ger to the security of the United 
States.’’; and 
ø(5) by striking the last sentence. 
ø(b) EXCEPTIONS.—Section 208(b)(2)(A)(v) 
of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(2)(A)(v)) is amended— 
ø(1) by striking ‘‘inadmissible under’’ 
each place such term appears and insert-
ing ‘‘described in’’; and 
ø(2) by striking ‘‘removable under’’.
2911 
ø(c) EFFECTIVE DATE.—The amendments 
made by this section shall take effect on the 
date of the enactment of this Act and shall 
apply to— 
ø(1) removal proceedings instituted 
before, on, or after the date of the enact-
ment of this Act; and 
ø(2) acts and conditions constituting 
a ground for inadmissibility or removal 
occurring or existing before, on, or after 
such date. 
øSEC. 3032. EXCEPTION TO RESTRICTION ON REMOVAL FOR 
TERRORISTS AND CRIMINALS. 
ø(a) REGULATIONS.— 
ø(1) REVISION
DEADLINE.—Not later 
than 120 days after the date of the enact-
ment of this Act, the Secretary of Home-
land Security shall revise the regulations 
prescribed by the Secretary to implement 
the United Nations Convention Against 
Torture and Other Forms of Cruel, Inhu-
man or Degrading Treatment or Punish-
ment, done at New York on December 10, 
1984.
2912 
ø(2) EXCLUSION
OF
CERTAIN
ALIENS.— 
The revision— 
ø(A) shall exclude from the pro-
tection of such regulations aliens de-
scribed in section 241(b)(3)(B) of the 
Immigration and Nationality Act (8 
U.S.C. 1231(b)(3)(B)) (as amended by 
this title), including rendering such 
aliens ineligible for withholding or 
deferral of removal under the Con-
vention; and 
ø(B) shall ensure that the revised 
regulations operate so as to— 
ø(i) allow for the reopening of 
determinations made under the 
regulations before the effective 
date of the revision; and 
ø(ii) apply to acts and condi-
tions constituting a ground for in-
eligibility for the protection of 
such regulations, as revised, re-
gardless of when such acts or con-
ditions occurred. 
ø(3) BURDEN OF PROOF.—The revision 
shall also ensure that the burden of proof
2913 
is on the applicant for withholding or de-
ferral of removal under the Convention 
to establish by clear and convincing evi-
dence that he or she would be tortured if 
removed to the proposed country of re-
moval. 
ø(b) JUDICIAL
REVIEW.—Notwithstanding 
any other provision of law, no court shall 
have jurisdiction to review the regulations 
adopted to implement this section, and noth-
ing in this section shall be construed as pro-
viding any court jurisdiction to consider or 
review claims raised under the Convention or 
this section, except as part of the review of a 
final order of removal pursuant to section 242 
of the Immigration and Nationality Act (8 
U.S.C. 1252). 
øSEC. 3033. ADDITIONAL REMOVAL AUTHORITIES. 
ø(a) IN GENERAL.—Section 241(b) of the Im-
migration and Nationality Act (8 U.S.C. 
1231(b)) is amended— 
ø(1) in paragraph (1)— 
ø(A) in each of subparagraphs (A) 
and (B), by striking the period at the 
end and inserting ‘‘unless, in the
2914 
opinion of the Secretary of Homeland 
Security, removing the alien to such 
country would be prejudicial to the 
United States.’’; and 
ø(B) by amending subparagraph 
(C) to read as follows: 
ø‘‘(C) ALTERNATIVE
COUNTRIES.—If 
the alien is not removed to a country 
designated in subparagraph (A) or 
(B), the Secretary of Homeland Secu-
rity shall remove the alien to— 
ø‘‘(i) the country of which the 
alien is a citizen, subject, or na-
tional, where the alien was born, 
or where the alien has a resi-
dence, unless the country phys-
ically prevents the alien from en-
tering 
the 
country 
upon 
the 
alien’s removal there; or 
ø‘‘(ii) any country whose gov-
ernment will accept the alien into 
that country.’’; and 
ø(2) in paragraph (2)— 
ø(A) by striking ‘‘Attorney Gen-
eral’’ each place such term appears
2915 
and inserting ‘‘Secretary of Homeland 
Security’’; 
ø(B) by amending subparagraph 
(D) to read as follows: 
ø‘‘(D) ALTERNATIVE
COUNTRIES.—If 
the alien is not removed to a country 
designated 
under 
subparagraph 
(A)(i), the Secretary of Homeland Se-
curity shall remove the alien to a 
country of which the alien is a sub-
ject, national, or citizen, or where the 
alien has a residence, unless— 
ø‘‘(i) such country physically 
prevents the alien from entering 
the country upon the alien’s re-
moval there; or 
ø‘‘(ii) in the opinion of the 
Secretary of Homeland Security, 
removing the alien to the country 
would 
be 
prejudicial 
to 
the 
United States.’’; and 
ø(C) by amending subparagraph 
(E)(vii) to read as follows:
2916 
ø‘‘(vii) 
Any 
country 
whose 
government will accept the alien 
into that country.’’. 
ø(b) EFFECTIVE DATE.—The amendments 
made by subsection (a) shall take effect on the 
date of the enactment of this Act and shall 
apply to any deportation, exclusion, or re-
moval on or after such date pursuant to any 
deportation, exclusion, or removal order, re-
gardless of whether such order is administra-
tively final before, on, or after such date. 
øCHAPTER 3—PREVENTING COMMERCIAL 
ALIEN SMUGGLING 
øSEC. 3041. BRINGING IN AND HARBORING CERTAIN 
ALIENS. 
ø(a) CRIMINAL PENALTIES.—Section 274(a) 
of the Immigration and Nationality Act (8 
U.S.C. 1324(a)) is amended by adding at the 
end the following: 
ø‘‘(4) In the case of a person who has 
brought aliens into the United States in viola-
tion of this subsection, the sentence otherwise 
provided for may be increased by up to 10 
years if—
2917 
ø‘‘(A) the offense was part of an ongo-
ing commercial organization or enter-
prise; 
ø‘‘(B) 
aliens 
were 
transported 
in 
groups of 10 or more; 
ø‘‘(C) aliens were transported in a 
manner that endangered their lives; or 
ø‘‘(D) the aliens presented a life- 
threatening health risk to people in the 
United States.’’. 
ø(b) OUTREACH PROGRAM.—Section 274 of 
the Immigration and Nationality Act (8 U.S.C. 
1324), as amended by subsection (a), is further 
amended by adding at the end the following: 
ø‘‘(f) OUTREACH PROGRAM.—The Secretary 
of Homeland Security, in consultation as ap-
propriate with the Attorney General and the 
Secretary of State, shall develop and imple-
ment an outreach program to educate the 
public in the United States and abroad about 
the penalties for bringing in and harboring 
aliens in violation of this section.