(c) OTHER REQUESTS
FOR RELIEF FROM RE-
MOVAL.—Section 240(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1230(c)) is amended—
(1) by redesignating paragraphs (4), (5), and
(6) as paragraphs (5), (6), and (7), respectively; and
(2) by inserting after paragraph (3) the fol-
lowing:
‘‘(4) APPLICATIONS
FOR
RELIEF
FROM
RE-
MOVAL.—
‘‘(A) IN GENERAL.—An alien applying for
relief or protection from removal has the bur-
den of proof to establish that the alien—
‘‘(i) satisfies the applicable eligibility
requirements; and
‘‘(ii) with respect to any form of relief
that is granted in the exercise of discre-
tion, that the alien merits a favorable exer-
cise of discretion.
‘‘(B) SUSTAINING
BURDEN.—The appli-
cant must comply with the applicable require-
ments to submit information or documentation
in support of the applicant’s application for re-
lief or protection as provided by law or by regu-
lation or in the instructions for the application
form. In evaluating the testimony of the appli-
cant or other witness in support of the applica-
tion, the immigration judge will determine
whether or not the testimony is credible, is per-
suasive, and refers to specific facts sufficient to
demonstrate that the applicant has satisfied the
applicant’s burden of proof. In determining
whether the applicant has met such burden, the
immigration judge shall weigh the credible testi-
mony along with other evidence of record.
Where the immigration judge determines in the
judge’s discretion that the applicant should pro-
vide evidence which corroborates otherwise cred-
ible testimony, such evidence must be provided
unless the applicant demonstrates that the ap-
plicant does not have the evidence and cannot
reasonably obtain the evidence without depart-
ing from the United States. The inability to ob-
tain corroborating evidence does not excuse the
applicant from meeting the burden of proof.
‘‘(C) CREDIBILITY DETERMINATION.—The
immigration judge should consider all relevant
factors and may, in the judge’s discretion, base
the judge’s credibility determination on any
such factor, including the demeanor, candor, or
responsiveness of the applicant or witness, the
inherent plausibility of the applicant’s or
witness’s account, the consistency between the
applicant’s or witness’s written and oral state-
ments (whenever made and whether or not
made under oath), the internal consistency of
each such statement, the consistency of such
statements with other evidence of record (in-
cluding the reports of the Department of State
on country conditions), and any inaccuracies or
falsehoods in such statements, without regard
to whether an inconsistency, inaccuracy, or
falsehood goes to the heart of the applicant’s
claim. There is no presumption of credibility.’’.
(d) STANDARD OF REVIEW FOR ORDERS OF RE-
MOVAL.—Section 242(b)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1252(b)(4)) is amended by adding
at the end, after subparagraph (D), the following: ‘‘No
court shall reverse a determination made by a trier of fact
with respect to the availability of corroborating evidence,
as described in section 208(b)(1)(B), 240(c)(4)(B), or
241(b)(3)(C), unless the court finds that a reasonable
trier of fact is compelled to conclude that such corrobo-
rating evidence is unavailable.’’.
(e) 
CLARIFICATION
OF
DISCRETION.—Section
242(a)(2)(B) of the Immigration and Nationality Act (8
U.S.C. 1252(a)(2)(B)) is amended—
(1) by inserting ‘‘or the Secretary of Homeland
Security’’ after ‘‘Attorney General’’ each place such
term appears; and
(2) in the matter preceding clause (i), by insert-
ing ‘‘and regardless of whether the judgment, deci-
sion, or action is made in removal proceedings,’’
after ‘‘other provision of law,’’.
(f) REMOVAL OF CAPS.—Section 209 of the Immigra-
tion and Nationality Act (8 U.S.C. 1159) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘Service’’ and inserting
‘‘Department of Homeland Security’’; and
(B) by striking ‘‘Attorney General’’ each
place such term appears and inserting ‘‘Sec-
retary of Homeland Security or the Attorney
General’’;
(2) in subsection (b)—
(A) by striking ‘‘Not more’’ and all that
follows through ‘‘asylum who—’’ and inserting
‘‘The Secretary of Homeland Security or the
Attorney General, in the Secretary’s or the At-
torney General’s discretion and under such reg-
ulations as the Secretary or the Attorney Gen-
eral may prescribe, may adjust to the status of
an alien lawfully admitted for permanent resi-
dence the status of any alien granted asylum
who—’’; and
(B) in the matter following paragraph (5),
by striking ‘‘Attorney General’’ and inserting
‘‘Secretary of Homeland Security or the Attor-
ney General’’; and
(3) in subsection (c), by striking ‘‘Attorney
General’’ and inserting ‘‘Secretary of Homeland Se-
curity or the Attorney General’’.
(g) EFFECTIVE DATES.—
(1) The amendments made by paragraphs (1)
and (2) of subsection (a) shall take effect as if en-
acted on March 1, 2003.
(2) The amendments made by subsections
(a)(3), (b), and (c) shall take effect on the date of
the enactment of this division and shall apply to ap-
plications for asylum, withholding, or other removal
made on or after such date.
(3) The amendment made by subsection (d)
shall take effect on the date of the enactment of this
division and shall apply to all cases in which the
final administrative removal order is or was issued
before, on, or after such date.
(4) The amendments made by subsection (e)
shall take effect on the date of the enactment of this
division and shall apply to all cases pending before
any court on or after such date.
(5) The amendments made by subsection (f)
shall take effect on the date of the enactment of this
division.
(h) REPEAL.—Section 5403 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law
108–458) is repealed.
SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVE-
MENT OF BARRIERS AT BORDERS.
Section 102(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103
note) is amended to read as follows:
‘‘(c) WAIVER.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, the Secretary of Homeland Security
shall have the authority to waive, and shall waive, all
laws such Secretary, in such Secretary’s sole discre-
tion, determines necessary to ensure expeditious con-
struction of the barriers and roads under this sec-
tion.
‘‘(2) NO JUDICIAL REVIEW.—Notwithstanding
any other provision of law (statutory or nonstatu-
tory), no court, administrative agency, or other enti-
ty shall have jurisdiction—
‘‘(A) to hear any cause or claim arising
from any action undertaken, or any decision
made, by the Secretary of Homeland Security
pursuant to paragraph (1); or
‘‘(B) to order compensatory, declaratory,
injunctive, equitable, or any other relief for
damage alleged to arise from any such action or
decision.’’.
SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TER-
RORIST-RELATED ACTIVITIES.
(a) 
IN
GENERAL.—So 
much 
of 
section
212(a)(3)(B)(i) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence
is amended to read as follows:
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has engaged in a terrorist
activity;
‘‘(II) a consular officer, the At-
torney General, or the Secretary of
Homeland Security knows, or has rea-
sonable ground to believe, is engaged
in or is likely to engage after entry in
any terrorist activity (as defined in
clause (iv));
‘‘(III) has, under circumstances
indicating an intention to cause death
or serious bodily harm, incited ter-
rorist activity;
‘‘(IV) is a representative (as de-
fined in clause (v)) of—
‘‘(aa) a terrorist organiza-
tion (as defined in clause (vi)); or
‘‘(bb) a political, social, or
other group that endorses or es-
pouses terrorist activity;
‘‘(V) is a member of a terrorist
organization described in subclause (I)
or (II) of clause (vi);
‘‘(VI) is a member of a terrorist
organization 
described 
in 
clause
(vi)(III), unless the alien can dem-
onstrate by clear and convincing evi-
dence that the alien did not know, and
should not reasonably have known,
that the organization was a terrorist
organization;
‘‘(VII) endorses or espouses ter-
rorist activity or persuades others to
endorse or espouse terrorist activity or
support a terrorist organization;
‘‘(VIII) has received military-type
training 
(as 
defined 
in 
section
2339D(c)(1) of title 18, United States
Code) from or on behalf of any orga-
nization that, at the time the training
was received, was a terrorist organiza-
tion (as defined in clause (vi)); or
‘‘(IX) is the spouse or child of an
alien who is inadmissible under this
subparagraph, if the activity causing
the alien to be found inadmissible oc-
curred within the last 5 years,
is inadmissible.’’.
(b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—
Section 212(a)(3)(B)(iv) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read
as follows:
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY
DEFINED.—As used in this Act, the term
‘engage in terrorist activity’ means, in an
individual capacity or as a member of an
organization—
‘‘(I) to commit or to incite to
commit, under circumstances indi-
cating an intention to cause death or
serious bodily injury, a terrorist activ-
ity;
‘‘(II) to prepare or plan a ter-
rorist activity;
‘‘(III) to gather information on
potential targets for terrorist activity;
‘‘(IV) to solicit funds or other
things of value for—
‘‘(aa) a terrorist activity;
‘‘(bb) a terrorist organiza-
tion described in clause (vi)(I) or
(vi)(II); or
‘‘(cc) a terrorist organiza-
tion described in clause (vi)(III),
unless the solicitor can dem-
onstrate by clear and convincing
evidence that he did not know,
and should not reasonably have
known, that the organization was
a terrorist organization;