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dered removed, the Attorney General shall re-
move the alien from the United States within a
period of 90 days (in this section referred to as
the ‘removal period’).
‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of the follow-
ing:
‘‘(i) The date the order of removal be-
comes administratively final.
‘‘(ii) If the removal order is judicially
reviewed and if a court orders a stay of the
removal of the alien, the date of the court’s
final order.
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
ess), the date the alien is released from de-
tention or confinement.
‘‘(C) SUSPENSION
OF
PERIOD.—The re-
moval period shall be extended beyond a period
of 90 days and the alien may remain in deten-
tion during such extended period if the alien
fails or refuses to make timely application in
good faith for travel or other documents nec-
essary to the alien’s departure or conspires or
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acts to prevent the alien’s removal subject to an
order of removal.
‘‘(2) DETENTION.—During the removal period,
the Attorney General shall detain the alien. Under
no circumstance during the removal period shall the
Attorney General release an alien who has been
found inadmissible under section 212(a)(2) or
212(a)(3)(B) or deportable under section 237(a)(2)
or 237(a)(4)(B).
‘‘(3) SUPERVISION AFTER 90-DAY PERIOD.—If
the alien does not leave or is not removed within the
removal period, the alien, pending removal, shall be
subject to supervision under regulations prescribed
by the Attorney General. The regulations shall in-
clude provisions requiring the alien—
‘‘(A) to appear before an immigration offi-
cer periodically for identification;
‘‘(B) to submit, if necessary, to a medical
and psychiatric examination at the expense of
the United States Government;
‘‘(C) to give information under oath about
the alien’s nationality, circumstances, habits,
associations, and activities, and other informa-
tion the Attorney General considers appro-
priate; and
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‘‘(D) to obey reasonable written restric-
tions on the alien’s conduct or activities that
the Attorney General prescribes for the alien.
‘‘(4) ALIENS IMPRISONED, ARRESTED, OR ON
PAROLE, SUPERVISED RELEASE, OR PROBATION.—
‘‘(A) IN GENERAL.—Except as provided in
section 343(a) of the Public Health Service Act
(42 U.S.C. 259(a)) and paragraph (2), the At-
torney General may not remove an alien who is
sentenced to imprisonment until the alien is re-
leased from imprisonment. Parole, supervised
release, probation, or possibility of arrest or
further imprisonment is not a reason to defer
removal.
‘‘(B) EXCEPTION FOR REMOVAL OF NON-
VIOLENT
OFFENDERS
PRIOR
TO
COMPLETION
OF SENTENCE OF IMPRISONMENT.—The Attor-
ney General is authorized to remove an alien in
accordance with applicable procedures under
this Act before the alien has completed a sen-
tence of imprisonment—
‘‘(i) in the case of an alien in the cus-
tody of the Attorney General, if the Attor-
ney General determines that (I) the alien
is confined pursuant to a final conviction
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for a nonviolent offense (other than an of-
fense related to smuggling or harboring of
aliens or an offense described in section
101(a)(43)(B), (C), (E), (I), or (L) and
(II) the removal of the alien is appropriate
and in the best interest of the United
States; or
‘‘(ii) in the case of an alien in the cus-
tody of a State (or a political subdivision
of a State), if the chief State official exer-
cising authority with respect to the incar-
ceration of the alien determines that (I)
the alien is confined pursuant to a final
conviction for a nonviolent offense (other
than an offense described in section
101(a)(43)(C) or (E)), (II) the removal is
appropriate and in the best interest of the
State, and (III) submits a written request
to the Attorney General that such alien be
so removed.
‘‘(C) NOTICE.—Any alien removed pursu-
ant to this paragraph shall be notified of the
penalties under the laws of the United States
relating to the reentry of deported aliens, par-
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ticularly the expanded penalties for aliens re-
moved under subparagraph (B).
‘‘(D) NO PRIVATE RIGHT.—No cause or
claim may be asserted under this paragraph
against any official of the United States or of
any State to compel the release, removal, or
consideration for release or removal of any
alien.
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS
AGAINST ALIENS ILLEGALLY REENTERING.—If the
Attorney General finds that an alien has reentered
the United States illegally after having been removed
or having departed voluntarily, under an order of re-
moval, the prior order of removal is reinstated from
its original date and is not subject to being reopened
or reviewed, the alien is not eligible and may not
apply for any relief under this Act, and the alien
shall be removed under the prior order at any time
after the reentry.
‘‘(6) INADMISSIBLE OR CRIMINAL ALIENS.—An
alien ordered removed who is inadmissible under sec-
tion 212, removable under section 237(a)(1)(C),
237(a)(2), or 237(a)(4) or who has been determined
by the Attorney General to be a risk to the commu-
nity or unlikely to comply with the order of removal,
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may be detained beyond the removal period and, if
released, shall be subject to the terms of supervision
in paragraph (3).
‘‘(7) EMPLOYMENT AUTHORIZATION.—No alien
ordered removed shall be eligible to receive author-
ization to be employed in the United States unless
the Attorney General makes a specific finding that—
‘‘(A) the alien cannot be removed due to
the refusal of all countries designated by the
alien or under this section to receive the alien,
or
‘‘(B) the removal of the alien is otherwise
impracticable or contrary to the public interest.
‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE RE-
MOVED.—
‘‘(1) ALIENS
ARRIVING
AT
THE
UNITED
STATES.—Subject to paragraph (3)—
‘‘(A) IN GENERAL.—Except as provided by
subparagraphs (B) and (C), an alien who ar-
rives at the United States and with respect to
whom proceedings under section 240 were initi-
ated at the time of such alien’s arrival shall be
removed to the country in which the alien
boarded the vessel or aircraft on which the alien
arrived in the United States.
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‘‘(B) TRAVEL FROM CONTIGUOUS TERRI-
TORY.—If the alien boarded the vessel or air-
craft on which the alien arrived in the United
States in a foreign territory contiguous to the
United States, an island adjacent to the United
States, or an island adjacent to a foreign terri-
tory contiguous to the United States, and the
alien is not a native, citizen, subject, or national
of, or does not reside in, the territory or island,
removal shall be to the country in which the
alien boarded the vessel that transported the
alien to the territory or island.
‘‘(C) ALTERNATIVE
COUNTRIES.—If the
government of the country designated in sub-
paragraph (A) or (B) is unwilling to accept the
alien into that country’s territory, removal shall
be to any of the following countries, as directed
by the Attorney General:
‘‘(i) The country of which the alien is
a citizen, subject, or national.
‘‘(ii) The country in which the alien
was born.
‘‘(iii) The country in which the alien
has a residence.
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‘‘(iv) A country with a government
that will accept the alien into the country’s
territory if removal to each country de-
scribed in a previous clause of this sub-
paragraph is impracticable, inadvisable, or
impossible.
‘‘(2) OTHER
ALIENS.—Subject to paragraph
(3)—
‘‘(A) 
SELECTION
OF
COUNTRY
BY
ALIEN.—Except as otherwise provided in this
paragraph—
‘‘(i) any alien not described in para-
graph (1) who has been ordered removed
may designate one country to which the
alien wants to be removed, and
‘‘(ii) the Attorney General shall re-
move the alien to the country the alien so
designates.
‘‘(B) LIMITATION
ON
DESIGNATION.—An
alien may designate under subparagraph (A)(i)
a foreign territory contiguous to the United
States, an adjacent island, or an island adja-
cent to a foreign territory contiguous to the
United States as the place to which the alien is
to be removed only if the alien is a native, citi-
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zen, subject, or national of, or has resided in,
that designated territory or island.
‘‘(C) DISREGARDING
DESIGNATION.—The
Attorney General may disregard a designation
under subparagraph (A)(i) if—
‘‘(i) the alien fails to designate a
country promptly;
‘‘(ii) the government of the country
does not inform the Attorney General fi-
nally, within 30 days after the date the At-
torney General first inquires, whether the
government will accept the alien into the
country;
‘‘(iii) the government of the country is
not willing to accept the alien into the
country; or
‘‘(iv) the Attorney General decides
that removing the alien to the country is
prejudicial to the United States.
‘‘(D) ALTERNATIVE COUNTRY.—If an alien
is not removed to a country designated under
subparagraph (A)(i), the Attorney General shall
remove the alien to a country of which the alien
is a subject, national, or citizen unless the gov-
ernment of the country—
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‘‘(i) does not inform the Attorney
General or the alien finally, within 30 days
after the date the Attorney General first
inquires or within another period of time
the Attorney General decides is reasonable,
whether the government will accept the
alien into the country; or
‘‘(ii) is not willing to accept the alien
into the country.
‘‘(E) ADDITIONAL REMOVAL COUNTRIES.—
If an alien is not removed to a country under
the previous subparagraphs of this paragraph,
the Attorney General shall remove the alien to
any of the following countries:
‘‘(i) The country from which the alien
was admitted to the United States.
‘‘(ii) The country in which is located
the foreign port from which the alien left
for the United States or for a foreign terri-
tory contiguous to the United States.
‘‘(iii) A country in which the alien re-
sided before the alien entered the country
from which the alien entered the United
States.
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‘‘(iv) The country in which the alien
was born.
‘‘(v) The country that had sovereignty
over the alien’s birthplace when the alien
was born.
‘‘(vi) The country in which the alien’s
birthplace is located when the alien is or-
dered removed.
‘‘(vii) If impracticable, inadvisable, or
impossible to remove the alien to each
country described in a previous clause of
this subparagraph, another country whose
government will accept the alien into that
country.
‘‘(F) REMOVAL
COUNTRY
WHEN
UNITED
STATES IS AT WAR.—When the United States is
at war and the Attorney General decides that it
is impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this sub-
section because of the war, the Attorney Gen-
eral may remove the alien—
‘‘(i) to the country that is host to a
government in exile of the country of which
the alien is a citizen or subject if the gov-
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ernment of the host country will permit the
alien’s entry; or
‘‘(ii) if the recognized government of
the country of which the alien is a citizen
or subject is not in exile, to a country, or
a political or territorial subdivision of a
country, that is very near the country of
which the alien is a citizen or subject, or,
with the consent of the government of the
country of which the alien is a citizen or
subject, to another country.
‘‘(3) RESTRICTION ON REMOVAL TO A COUNTRY
WHERE
ALIEN’S
LIFE
OR
FREEDOM
WOULD
BE
THREATENED.—
‘‘(A) 
IN
GENERAL.—Notwithstanding
paragraphs (1) and (2), the Attorney General
may not remove an alien to a country if the At-
torney General decides that the alien’s life or
freedom would be threatened in that country
because of the alien’s race, religion, nationality,
membership in a particular social group, or po-
litical opinion.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
does not apply to an alien deportable under sec-
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tion 237(a)(4)(D) or if the Attorney General
decides that—
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of an individual because of the in-
dividual’s race, religion, nationality, mem-
bership in a particular social group, or po-
litical opinion;
‘‘(ii) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime is a danger to the community of
the United States;
‘‘(iii) there are serious reasons to be-
lieve that the alien committed a serious
nonpolitical crime outside the United
States before the alien arrived in the Unit-
ed States; or
‘‘(iv) there are reasonable grounds to
believe that the alien is a danger to the se-
curity of the United States.
For purposes of clause (ii), an alien who has
been convicted of an aggravated felony (or felo-
nies) for which the alien has been sentenced to
an aggregate term of imprisonment of at least
5 years shall be considered to have committed
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a particularly serious crime. The previous sen-
tence shall not preclude the Attorney General
from determining that, notwithstanding the
length of sentence imposed, an alien has been
convicted of a particularly serious crime. For
purposes of clause (iv), an alien who is de-
scribed in section 237(a)(4)(B) shall be consid-
ered to be an alien with respect to whom there
are reasonable grounds for regarding as a dan-
ger to the security of the United States.
‘‘(c) REMOVAL OF ALIENS ARRIVING AT PORT OF
ENTRY.—
‘‘(1) VESSELS AND AIRCRAFT.—An alien arriv-
ing at a port of entry of the United States who is
ordered removed either without a hearing under sec-
tion 235(b)(1) or 235(c) or pursuant to proceedings
under section 240 initiated at the time of such
alien’s arrival shall be removed immediately on a
vessel or aircraft owned by the owner of the vessel
or aircraft on which the alien arrived in the United
States, unless—
‘‘(A) it is impracticable to remove the alien
on one of those vessels or aircraft within a rea-
sonable time, or
‘‘(B) the alien is a stowaway—
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‘‘(i) who has been ordered removed in
accordance with section 235(a)(1),
‘‘(ii) who has requested asylum, and
‘‘(iii) whose application has not been
adjudicated or whose asylum application
has been denied but who has not exhausted
all appeal rights.
‘‘(2) STAY OF REMOVAL.—
‘‘(A) IN GENERAL.—The Attorney General
may stay the removal of an alien under this
subsection if the Attorney General decides
that—
‘‘(i) immediate removal is not prac-
ticable or proper; or
‘‘(ii) the alien is needed to testify in
the prosecution of a person for a violation
of a law of the United States or of any
State.
‘‘(B) PAYMENT OF DETENTION COSTS.—
During the period an alien is detained because
of a stay of removal under subparagraph
(A)(ii), the Attorney General may pay from the
appropriation ‘Immigration and Naturalization
Service—Salaries and Expenses’—
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‘‘(i) the cost of maintenance of the
alien; and
‘‘(ii) a witness fee of $1 a day.
‘‘(C) RELEASE DURING STAY.—The Attor-
ney General may release an alien whose removal
is stayed under subparagraph (A)(ii) on—
‘‘(i) the alien’s filing a bond of at
least $500 with security approved by the
Attorney General;
‘‘(ii) condition that the alien appear
when required as a witness and for re-
moval; and
‘‘(iii) other conditions the Attorney
General may prescribe.
‘‘(3) COSTS OF DETENTION AND MAINTENANCE
PENDING REMOVAL.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B) and subsection (d), an owner
of a vessel or aircraft bringing an alien to the
United States shall pay the costs of detaining
and maintaining the alien—
‘‘(i) while the alien is detained under
subsection (d)(1), and
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‘‘(ii) in the case of an alien who is a
stowaway, while the alien is being detained
pursuant to—
‘‘(I) 
subsection 
(d)(2)(A) 
or
(d)(2)(B)(i),
‘‘(II) subsection (d)(2)(B)(ii) or
(iii) for the period of time reasonably
necessary for the owner to arrange for
repatriation or removal of the stow-
away, including obtaining necessary
travel documents, but not to extend
beyond the date on which it is
ascertained that such travel docu-
ments cannot be obtained from the
country to which the stowaway is to
be returned, or
‘‘(III) section 235(b)(1)(B)(ii),
for a period not to exceed 15 days
(excluding Saturdays, Sundays, and
holidays) commencing on the first
such day which begins on the earlier
of 72 hours after the time of the ini-
tial presentation of the stowaway for
inspection or at the time the stow-
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away is determined to have a credible
fear of persecution.
‘‘(B) 
NONAPPLICATION.—Subparagraph
(A) shall not apply if—
‘‘(i) the alien is a crewmember;
‘‘(ii) the alien has an immigrant visa;
‘‘(iii) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States and applies for admis-
sion not later than 120 days after the date
the visa or documentation was issued;
‘‘(iv) the alien has a reentry permit
and applies for admission not later than
120 days after the date of the alien’s last
inspection and admission;
‘‘(v)(I) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States or a reentry permit;
‘‘(II) the alien applies for admission
more than 120 days after the date the visa
or documentation was issued or after the
date of the last inspection and admission
under the reentry permit; and
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‘‘(III) the owner of the vessel or air-
craft satisfies the Attorney General that
the existence of the condition relating to
inadmissibility could not have been discov-
ered by exercising reasonable care before
the alien boarded the vessel or aircraft; or
‘‘(vi) the individual claims to be a na-
tional of the United States and has a Unit-
ed States passport.
‘‘(d) REQUIREMENTS
OF
PERSONS
PROVIDING
TRANSPORTATION.—
‘‘(1) REMOVAL
AT
TIME
OF
ARRIVAL.—An
owner, agent, master, commanding officer, person in
charge, purser, or consignee of a vessel or aircraft
bringing an alien (except an alien crewmember) to
the United States shall—
‘‘(A) receive an alien back on the vessel or
aircraft or another vessel or aircraft owned or
operated by the same interests if the alien is or-
dered removed under this part; and
‘‘(B) take the alien to the foreign country
to which the alien is ordered removed.
‘‘(2) ALIEN
STOWAWAYS.—An owner, agent,
master, commanding officer, charterer, or consignee
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of a vessel or aircraft arriving in the United States
with an alien stowaway—
‘‘(A) shall detain the alien on board the
vessel or aircraft, or at such place as the Attor-
ney General shall designate, until completion of
the inspection of the alien by an immigration
officer;
‘‘(B) may not permit the stowaway to land
in the United States, except pursuant to regula-
tions of the Attorney General temporarily—
‘‘(i) for medical treatment,
‘‘(ii) for detention of the stowaway by
the Attorney General, or
‘‘(iii) for departure or removal of the
stowaway; and
‘‘(C) if ordered by an immigration officer,
shall remove the stowaway on the vessel or air-
craft or on another vessel or aircraft.
The Attorney General shall grant a timely request to
remove the stowaway under subparagraph (C) on a
vessel or aircraft other than that on which the stow-
away arrived if the requester has obtained any travel
documents necessary for departure or repatriation of
the stowaway and removal of the stowaway will not
be unreasonably delayed.
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‘‘(3) REMOVAL
UPON
ORDER.—An owner,
agent, master, commanding officer, person in
charge, purser, or consignee of a vessel, aircraft, or
other transportation line shall comply with an order
of the Attorney General to take on board, guard
safely, and transport to the destination specified any
alien ordered to be removed under this Act.
‘‘(e) PAYMENT OF EXPENSES OF REMOVAL.—
‘‘(1) COSTS OF REMOVAL AT TIME OF ARRIV-
AL.—In the case of an alien who is a stowaway or
who is ordered removed either without a hearing
under section 235(a)(1) or 235(c) or pursuant to
proceedings under section 240 initiated at the time
of such alien’s arrival, the owner of the vessel or air-
craft (if any) on which the alien arrived in the Unit-
ed States shall pay the transportation cost of remov-
ing the alien. If removal is on a vessel or aircraft not
owned by the owner of the vessel or aircraft on
which the alien arrived in the United States, the At-
torney General may—
‘‘(A) pay the cost from the appropriation
‘Immigration and Naturalization Service—Sala-
ries and Expenses’; and
‘‘(B) recover the amount of the cost in a
civil action from the owner, agent, or consignee
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of the vessel or aircraft (if any) on which the
alien arrived in the United States.
‘‘(2) COSTS OF REMOVAL TO PORT OF REMOVAL
FOR ALIENS ADMITTED OR PERMITTED TO LAND.—
In the case of an alien who has been admitted or
permitted to land and is ordered removed, the cost
(if any) of removal of the alien to the port of re-
moval shall be at the expense of the appropriation
for the enforcement of this Act.
‘‘(3) COSTS OF REMOVAL FROM PORT OF RE-
MOVAL FOR ALIENS ADMITTED OR PERMITTED TO
LAND.—
‘‘(A) THROUGH
APPROPRIATION.—Except
as provided in subparagraph (B), in the case of
an alien who has been admitted or permitted to
land and is ordered removed, the cost (if any)
of removal of the alien from the port of removal
shall be at the expense of the appropriation for
the enforcement of this Act.
‘‘(B) THROUGH OWNER.—
‘‘(i) IN GENERAL.—In the case of an
alien described in clause (ii), the cost of re-
moval of the alien from the port of removal
may be charged to any owner of the vessel,
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aircraft, or other transportation line by
which the alien came to the United States.
‘‘(ii) ALIENS
DESCRIBED.—An alien
described in this clause is an alien who—
‘‘(I) is admitted to the United
States (other than lawfully admitted
for permanent residence) and is or-
dered removed within 5 years of the
date of admission based on a ground
that existed before or at the time of
admission, or
‘‘(II) is an alien crewman per-
mitted to land temporarily under sec-
tion 252 and is ordered removed with-
in 5 years of the date of landing.
‘‘(C) COSTS
OF
REMOVAL
OF
CERTAIN
ALIENS GRANTED VOLUNTARY DEPARTURE.—In
the case of an alien who has been granted vol-
untary departure under section 240B and who
is financially unable to depart at the alien’s own
expense and whose removal the Attorney Gen-
eral deems to be in the best interest of the
United States, the expense of such removal may
be paid from the appropriation for the enforce-
ment of this Act.
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‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING
REMOVAL.—
‘‘(1) IN GENERAL.—If the Attorney General be-
lieves that an alien being removed requires personal
care because of the alien’s mental or physical condi-
tion, the Attorney General may employ a suitable
person for that purpose who shall accompany and
care for the alien until the alien arrives at the final
destination.
‘‘(2) COSTS.—The costs of providing the service
described in paragraph (1) shall be defrayed in the
same manner as the expense of removing the accom-
panied alien is defrayed under this section.
‘‘(g) PLACES OF DETENTION.—
‘‘(1) IN GENERAL.—The Attorney General shall
arrange for appropriate places of detention for aliens
detained pending removal or a decision on removal.
When United States Government facilities are un-
available or facilities adapted or suitably located for
detention are unavailable for rental, the Attorney
General may expend from the appropriation ‘Immi-
gration and Naturalization Service—Salaries and
Expenses’, without regard to section 3709 of the Re-
vised Statutes (41 U.S.C. 5), amounts necessary to
acquire land and to acquire, build, remodel, repair,
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and operate facilities (including living quarters for
immigration officers if not otherwise available) nec-
essary for detention.
‘‘(2) DETENTION FACILITIES OF THE IMMIGRA-
TION AND NATURALIZATION SERVICE.—Prior to ini-
tiating any project for the construction of any new
detention facility for the Service, the Commissioner
shall consider the availability for purchase or lease
of any existing prison, jail, detention center, or other
comparable facility suitable for such use.
‘‘(h) STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to create any substantive or pro-
cedural right or benefit that is legally enforceable by any
party against the United States or its agencies or officers
or any other person.’’.
(b) REENTRY OF ALIEN REMOVED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Section 276(b)
(8 U.S.C. 1326(b)), as amended by section 321(b) of this
division, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(2),
(2) by adding ‘‘or’’ at the end of paragraph (3),
and
(3) by inserting after paragraph (3) the follow-
ing new paragraph:
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‘‘(4) who was removed from the United States
pursuant to section 241(a)(4)(B) who thereafter,
without the permission of the Attorney General, en-
ters, attempts to enter, or is at any time found in,
the United States (unless the Attorney General has
expressly consented to such alien’s reentry) shall be
fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.
(c) MISCELLANEOUS CONFORMING AMENDMENT.—
Section 212(a)(4) (8 U.S.C. 1182(a)(4)), as amended by
section 621(a) of this division, is amended by striking
‘‘241(a)(5)(B)’’ each place it appears and inserting
‘‘237(a)(5)(B)’’.
SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SEC-
TION 242).
(a) IN GENERAL.—Section 242 (8 U.S.C. 1252) is
amended—
(1) by redesignating subsection (j) as sub-
section (i) and by moving such subsection and add-
ing it at the end of section 241, as inserted by sec-
tion 305(a)(3) of this division; and
(2) by amending the remainder of section 242
to read as follows:
‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL
‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—
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‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial
review of a final order of removal (other than an
order of removal without a hearing pursuant to sec-
tion 235(b)(1)) is governed only by chapter 158 of
title 28 of the United States Code, except as pro-
vided in subsection (b) and except that the court
may not order the taking of additional evidence
under section 2347(c) of such title.
‘‘(2) MATTERS NOT SUBJECT TO JUDICIAL RE-
VIEW.—
‘‘(A) REVIEW
RELATING
TO
SECTION
235(b)(1).—Notwithstanding any other provision
of law, no court shall have jurisdiction to re-
view—
‘‘(i) except as provided in subsection
(e), any individual determination or to en-
tertain any other cause or claim arising
from or relating to the implementation or
operation of an order of removal pursuant
to section 235(b)(1),
‘‘(ii) except as provided in subsection
(e), a decision by the Attorney General to
invoke the provisions of such section,
‘‘(iii) the application of such section
to individual aliens, including the deter-
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mination made under section 235(b)(1)(B),
or
‘‘(iv) except as provided in subsection
(e), procedures and policies adopted by the
Attorney General to implement the provi-
sions of section 235(b)(1).
‘‘(B) DENIALS
OF
DISCRETIONARY
RE-
LIEF.—Notwithstanding any other provision of
law, no court shall have jurisdiction to review—
‘‘(i) any judgment regarding the
granting of relief under section 212(h),
212(i), 240A, 240B, or 245, or
‘‘(ii) any other decision or action of
the Attorney General the authority for
which is specified under this title to be in
the discretion of the Attorney General,
other than the granting of relief under sec-
tion 208(a).
‘‘(C) 
ORDERS
AGAINST
CRIMINAL
ALIENS.—Notwithstanding any other provision
of law, no court shall have jurisdiction to review
any final order of removal against an alien who
is removable by reason of having committed a
criminal offense covered in section 212(a)(2) or
237(a)(2)(A)(iii), (B), (C), or (D), or any of-
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fense covered by section 237(a)(2)(A)(ii) for
which both predicate offenses are, without re-
gard to their date of commission, otherwise cov-
ered by section 237(a)(2)(A)(i).
‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No
alien shall have a right to appeal from a decision of
an immigration judge which is based solely on a cer-
tification described in section 240(c)(1)(B).
‘‘(b) REQUIREMENTS FOR REVIEW OF ORDERS OF
REMOVAL.—With respect to review of an order of removal
under subsection (a)(1), the following requirements apply:
‘‘(1) DEADLINE.—The petition for review must
be filed not later than 30 days after the date of the
final order of removal.
‘‘(2) VENUE AND FORMS.—The petition for re-
view shall be filed with the court of appeals for the
judicial circuit in which the immigration judge com-
pleted the proceedings. The record and briefs do not
have to be printed. The court of appeals shall review
the proceeding on a typewritten record and on type-
written briefs.
‘‘(3) SERVICE.—
‘‘(A) IN GENERAL.—The respondent is the
Attorney General. The petition shall be served
on the Attorney General and on the officer or
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employee of the Service in charge of the Service
district in which the final order of removal
under section 240 was entered.
‘‘(B) STAY OF ORDER.—Service of the pe-
tition on the officer or employee does not stay
the removal of an alien pending the court’s de-
cision on the petition, unless the court orders
otherwise.
‘‘(C) ALIEN’S
BRIEF.—The alien shall
serve and file a brief in connection with a peti-
tion for judicial review not later than 40 days
after the date on which the administrative
record is available, and may serve and file a
reply brief not later than 14 days after service
of the brief of the Attorney General, and the
court may not extend these deadlines except
upon motion for good cause shown. If an alien
fails to file a brief within the time provided in
this paragraph, the court shall dismiss the ap-
peal unless a manifest injustice would result.
‘‘(4) SCOPE AND STANDARD FOR REVIEW.—Ex-
cept as provided in paragraph (5)(B)—
‘‘(A) the court of appeals shall decide the
petition only on the administrative record on
which the order of removal is based,
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‘‘(B) the administrative findings of fact are
conclusive unless any reasonable adjudicator
would be compelled to conclude to the contrary,
‘‘(C) a decision that an alien is not eligible
for admission to the United States is conclusive
unless manifestly contrary to law, and
‘‘(D) the Attorney General’s discretionary
judgment whether to grant relief under section
208(a) shall be conclusive unless manifestly
contrary to the law and an abuse of discretion.
‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—
‘‘(A) COURT DETERMINATION IF NO ISSUE
OF FACT.—If the petitioner claims to be a na-
tional of the United States and the court of ap-
peals finds from the pleadings and affidavits
that no genuine issue of material fact about the
petitioner’s nationality is presented, the court
shall decide the nationality claim.
‘‘(B) TRANSFER
IF
ISSUE
OF
FACT.—If
the petitioner claims to be a national of the
United States and the court of appeals finds
that a genuine issue of material fact about the
petitioner’s nationality is presented, the court
shall transfer the proceeding to the district
court of the United States for the judicial dis-
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trict in which the petitioner resides for a new
hearing on the nationality claim and a decision
on that claim as if an action had been brought
in the district court under section 2201 of title
28, United States Code.
‘‘(C) LIMITATION ON DETERMINATION.—
The petitioner may have such nationality claim
decided only as provided in this paragraph.
‘‘(6) CONSOLIDATION
WITH
REVIEW
OF
MO-
TIONS TO REOPEN OR RECONSIDER.—When a peti-
tioner seeks review of an order under this section,
any review sought of a motion to reopen or recon-
sider the order shall be consolidated with the review
of the order.
‘‘(7) CHALLENGE TO VALIDITY OF ORDERS IN
CERTAIN CRIMINAL PROCEEDINGS.—
‘‘(A) IN GENERAL.—If the validity of an
order of removal has not been judicially de-
cided, a defendant in a criminal proceeding
charged with violating section 243(a) may chal-
lenge the validity of the order in the criminal
proceeding only by filing a separate motion be-
fore trial. The district court, without a jury,
shall decide the motion before trial.
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‘‘(B) CLAIMS OF UNITED STATES NATION-
ALITY.—If the defendant claims in the motion
to be a national of the United States and the
district court finds that—
‘‘(i) no genuine issue of material fact
about the defendant’s nationality is pre-
sented, the court shall decide the motion
only on the administrative record on which
the removal order is based and the admin-
istrative findings of fact are conclusive if
supported by reasonable, substantial, and
probative evidence on the record considered
as a whole; or
‘‘(ii) a genuine issue of material fact
about the defendant’s nationality is pre-
sented, the court shall hold a new hearing
on the nationality claim and decide that
claim as if an action had been brought
under section 2201 of title 28, United
States Code.
The defendant may have such nationality claim
decided only as provided in this subparagraph.
‘‘(C) CONSEQUENCE OF INVALIDATION.—
If the district court rules that the removal order
is invalid, the court shall dismiss the indictment
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for violation of section 243(a). The United
States Government may appeal the dismissal to
the court of appeals for the appropriate circuit
within 30 days after the date of the dismissal.
‘‘(D) LIMITATION
ON
FILING
PETITIONS
FOR
REVIEW.—The defendant in a criminal
proceeding under section 243(a) may not file a
petition for review under subsection (a) during
the criminal proceeding.
‘‘(8) CONSTRUCTION.—This subsection—
‘‘(A) does not prevent the Attorney Gen-
eral, after a final order of removal has been is-
sued, from detaining the alien under section
241(a);
‘‘(B) does not relieve the alien from com-
plying with section 241(a)(4) and section
243(g); and
‘‘(C) does not require the Attorney General
to defer removal of the alien.
‘‘(9) CONSOLIDATION OF QUESTIONS FOR JUDI-
CIAL REVIEW.—Judicial review of all questions of
law and fact, including interpretation and applica-
tion of constitutional and statutory provisions, aris-
ing from any action taken or proceeding brought to
remove an alien from the United States under this
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title shall be available only in judicial review of a
final order under this section.
‘‘(c) REQUIREMENTS FOR PETITION.—A petition for
review or for habeas corpus of an order of removal—
‘‘(1) shall attach a copy of such order, and
‘‘(2) shall state whether a court has upheld the
validity of the order, and, if so, shall state the name
of the court, the date of the court’s ruling, and the
kind of proceeding.
‘‘(d) REVIEW OF FINAL ORDERS.—A court may re-
view a final order of removal only if—
‘‘(1) the alien has exhausted all administrative
remedies available to the alien as of right, and
‘‘(2) another court has not decided the validity
of the order, unless the reviewing court finds that
the petition presents grounds that could not have
been presented in the prior judicial proceeding or
that the remedy provided by the prior proceeding
was inadequate or ineffective to test the validity of
the order.
‘‘(e) JUDICIAL REVIEW OF ORDERS UNDER SECTION
235(b)(1).—
‘‘(1) LIMITATIONS ON RELIEF.—Without regard
to the nature of the action or claim and without re-
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gard to the identity of the party or parties bringing
the action, no court may—
‘‘(A) enter declaratory, injunctive, or other
equitable relief in any action pertaining to an
order to exclude an alien in accordance with
section 235(b)(1) except as specifically author-
ized in a subsequent paragraph of this sub-
section, or
‘‘(B) certify a class under Rule 23 of the
Federal Rules of Civil Procedure in any action
for which judicial review is authorized under a
subsequent paragraph of this subsection.
‘‘(2) HABEAS CORPUS PROCEEDINGS.—Judicial
review of any determination made under section
235(b)(1) is available in habeas corpus proceedings,
but shall be limited to determinations of—
‘‘(A) whether the petitioner is an alien,
‘‘(B) whether the petitioner was ordered
removed under such section, and
‘‘(C) whether the petitioner can prove by a
preponderance of the evidence that the peti-
tioner is an alien lawfully admitted for perma-
nent residence, has been admitted as a refugee
under section 207, or has been granted asylum
under section 208, such status not having been
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terminated, and is entitled to such further in-
quiry as prescribed by the Attorney General
pursuant to section 235(b)(1)(C).
‘‘(3) CHALLENGES ON VALIDITY OF THE SYS-
TEM.—
‘‘(A) IN GENERAL.—Judicial review of de-
terminations under section 235(b) and its im-
plementation is available in an action instituted
in the United States District Court for the Dis-
trict of Columbia, but shall be limited to deter-
minations of—
‘‘(i) whether such section, or any reg-
ulation issued to implement such section, is
constitutional; or
‘‘(ii) whether such a regulation, or a
written policy directive, written policy
guideline, or written procedure issued by
or under the authority of the Attorney
General to implement such section, is not
consistent with applicable provisions of this
title or is otherwise in violation of law.
‘‘(B) DEADLINES
FOR
BRINGING
AC-
TIONS.—Any action instituted under this para-
graph must be filed no later than 60 days after
the date the challenged section, regulation, di-
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rective, guideline, or procedure described in
clause (i) or (ii) of subparagraph (A) is first
implemented.
‘‘(C) NOTICE OF APPEAL.—A notice of ap-
peal of an order issued by the District Court
under this paragraph may be filed not later
than 30 days after the date of issuance of such
order.
‘‘(D) EXPEDITIOUS
CONSIDERATION
OF
CASES.—It shall be the duty of the District
Court, the Court of Appeals, and the Supreme
Court of the United States to advance on the
docket and to expedite to the greatest possible
extent the disposition of any case considered
under this paragraph.
‘‘(4) DECISION.—In any case where the court
determines that the petitioner—
‘‘(A) is an alien who was not ordered re-
moved under section 235(b)(1), or
‘‘(B) has demonstrated by a preponderance
of the evidence that the alien is an alien law-
fully admitted for permanent residence, has
been admitted as a refugee under section 207,
or has been granted asylum under section 208,
the court may order no remedy or relief other
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than to require that the petitioner be provided
a hearing in accordance with section 240. Any
alien who is provided a hearing under section
240 pursuant to this paragraph may thereafter
obtain judicial review of any resulting final
order of removal pursuant to subsection (a)(1).
‘‘(5) SCOPE
OF
INQUIRY.—In determining
whether an alien has been ordered removed under
section 235(b)(1), the court’s inquiry shall be limited
to whether such an order in fact was issued and
whether it relates to the petitioner. There shall be
no review of whether the alien is actually inadmis-
sible or entitled to any relief from removal.
‘‘(f) LIMIT ON INJUNCTIVE RELIEF.—
‘‘(1) IN GENERAL.—Regardless of the nature of
the action or claim or of the identity of the party or
parties bringing the action, no court (other than the
Supreme Court) shall have jurisdiction or authority
to enjoin or restrain the operation of the provisions
of chapter 4 of title II, as amended by the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996, other than with respect to the applica-
tion of such provisions to an individual alien against
whom proceedings under such chapter have been ini-
tiated.
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‘‘(2) 
PARTICULAR
CASES.—Notwithstanding
any other provision of law, no court shall enjoin the
removal of any alien pursuant to a final order under
this section unless the alien shows by clear and con-
vincing evidence that the entry or execution of such
order is prohibited as a matter of law.
‘‘(g) EXCLUSIVE JURISDICTION.—Except as provided
in this section and notwithstanding any other provision of
law, no court shall have jurisdiction to hear any cause or
claim by or on behalf of any alien arising from the decision
or action by the Attorney General to commence proceed-
ings, adjudicate cases, or execute removal orders against
any alien under this Act.’’.
(b) REPEAL
OF SECTION 106.—Section 106 (8
U.S.C. 1105a) is repealed.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—Subject to paragraph (2),
the amendments made by subsections (a) and (b)
shall apply to all final orders of deportation or re-
moval and motions to reopen filed on or after the
date of the enactment of this Act and subsection (g)
of section 242 of the Immigration and Nationality
Act (as added by subsection (a)), shall apply without
limitation to claims arising from all past, pending,
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or future exclusion, deportation, or removal proceed-
ings under such Act.
(2) LIMITATION.—Paragraph (1) shall not be
considered to invalidate or to require the reconsider-
ation of any judgment or order entered under sec-
tion 106 of the Immigration and Nationality Act, as
amended by section 440 of Public Law 104–132.
(d) TECHNICAL AMENDMENT.—Effective as if in-
cluded in the enactment of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104–132), sub-
sections (a), (c), (d), (g), and (h) of section 440 of such
Act are amended by striking ‘‘any offense covered by sec-
tion 241(a)(2)(A)(ii) for which both predicate offenses are
covered by section 241(a)(2)(A)(i)’’ and inserting ‘‘any of-
fense covered by section 241(a)(2)(A)(ii) for which both
predicate offenses are, without regard to the date of their
commission, 
otherwise 
covered 
by 
section
241(a)(2)(A)(i)’’.
SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED
SECTION 243).
(a) IN GENERAL.—Section 243 (8 U.S.C. 1253) is
amended to read as follows:
‘‘PENALTIES RELATED TO REMOVAL
‘‘SEC. 243. (a) PENALTY
FOR FAILURE TO DE-
PART.—
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‘‘(1) IN GENERAL.—Any alien against whom a
final order of removal is outstanding by reason of
being a member of any of the classes described in
section 237(a), who—
‘‘(A) willfully fails or refuses to depart
from the United States within a period of 90
days from the date of the final order of removal
under administrative processes, or if judicial re-
view is had, then from the date of the final
order of the court,
‘‘(B) willfully fails or refuses to make time-
ly application in good faith for travel or other
documents necessary to the alien’s departure,
‘‘(C) connives or conspires, or takes any
other action, designed to prevent or hamper or
with the purpose of preventing or hampering
the alien’s departure pursuant to such, or
‘‘(D) willfully fails or refuses to present
himself or herself for removal at the time and
place required by the Attorney General pursu-
ant to such order,
shall be fined under title 18, United States Code, or
imprisoned not more than four years (or 10 years if
the alien is a member of any of the classes described
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in paragraph (1)(E), (2), (3), or (4) of section
237(a)), or both.
‘‘(2) EXCEPTION.—It is not a violation of para-
graph (1) to take any proper steps for the purpose
of securing cancellation of or exemption from such
order of removal or for the purpose of securing the
alien’s release from incarceration or custody.
‘‘(3) SUSPENSION.—The court may for good
cause suspend the sentence of an alien under this
subsection and order the alien’s release under such
conditions as the court may prescribe. In determin-
ing whether good cause has been shown to justify re-
leasing the alien, the court shall take into account
such factors as—
‘‘(A) the age, health, and period of deten-
tion of the alien;
‘‘(B) the effect of the alien’s release upon
the national security and public peace or safety;
‘‘(C) the likelihood of the alien’s resuming
or following a course of conduct which made or
would make the alien deportable;
‘‘(D) the character of the efforts made by
such alien himself and by representatives of the
country or countries to which the alien’s re-
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moval is directed to expedite the alien’s depar-
ture from the United States;
‘‘(E) the reason for the inability of the
Government of the United States to secure
passports, other travel documents, or removal
facilities from the country or countries to which
the alien has been ordered removed; and
‘‘(F) the eligibility of the alien for discre-
tionary relief under the immigration laws.
‘‘(b) WILLFUL FAILURE TO COMPLY WITH TERMS
OF RELEASE UNDER SUPERVISION.—An alien who shall
willfully fail to comply with regulations or requirements
issued pursuant to section 241(a)(3) or knowingly give
false information in response to an inquiry under such sec-
tion shall be fined not more than $1,000 or imprisoned
for not more than one year, or both.
‘‘(c) PENALTIES RELATING TO VESSELS AND AIR-
CRAFT.—
‘‘(1) CIVIL PENALTIES.—
‘‘(A) FAILURE
TO
CARRY
OUT
CERTAIN
ORDERS.—If the Attorney General is satisfied
that a person has violated subsection (d) or (e)
of section 241, the person shall pay to the Com-
missioner the sum of $2,000 for each violation.
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this 
division, 
is 
amended 
by 
striking
‘‘242A(d)(5)’’ and inserting ‘‘238(d)(5)’’.
(F) Section 130007(a) of the Violent
Crime Control and Law Enforcement Act of
1994 (Public Law 103–322), as amended by
section 671(a)(6) of this division, is amended
by 
striking 
‘‘242A(a)(3)’’ 
and 
inserting
‘‘238(a)(3)’’.
(G) Section 386(b) of this division is
amended by striking ‘‘excludable’’ and ‘‘EX-
CLUDABLE’’ and inserting ‘‘inadmissible’’ and
‘‘INADMISSIBLE’’, respectively, each place each
appears.
(H) Subsections (a), (c), (d), (g), and (h)
of section 440 of the Antiterrorism and Effec-
tive Death Penalty Act of 1996 (Public Law
104–132), as amended by section 306(d) of this
division, 
are 
amended 
by 
striking
‘‘241(a)(2)(A)(ii)’’ and ‘‘241(a)(2)(A)(i)’’ and
inserting 
‘‘237(a)(2)(A)(ii)’’ 
and
‘‘237(a)(2)(A)(i)’’, respectively.
SEC. 309. EFFECTIVE DATES; TRANSITION.
(a) IN GENERAL.—Except as provided in this section
and 
sections 
303(b)(2), 
306(c), 
308(d)(2)(D), 
or
308(d)(5) of this division, this subtitle and the amend-
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(1) by amending subparagraph (F) of sub-
section (a)(6) to read as follows:
‘‘(F) SUBJECT OF CIVIL PENALTY.—
‘‘(i) IN GENERAL.—An alien who is
the subject of a final order for violation of
section 274C is inadmissible.
‘‘(ii) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see
subsection (d)(12).’’; and
(2) by adding at the end of subsection (d) the
following new paragraph:
‘‘(12) The Attorney General may, in the discretion
of the Attorney General for humanitarian purposes or to
assure family unity, waive application of clause (i) of sub-
section (a)(6)(F)—
‘‘(A) in the case of an alien lawfully admitted
for permanent residence who temporarily proceeded
abroad voluntarily and not under an order of depor-
tation or removal and who is otherwise admissible to
the United States as a returning resident under sec-
tion 211(b), and
‘‘(B) in the case of an alien seeking admission
or adjustment of status under section 201(b)(2)(A)
or under section 203(a),
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if no previous civil money penalty was imposed against the
alien under section 274C and the offense was committed
solely to assist, aid, or support the alien’s spouse or child
(and not another individual). No court shall have jurisdic-
tion to review a decision of the Attorney General to grant
or deny a waiver under this paragraph.’’.
(b) GROUND OF DEPORTATION.—Subparagraph (C)
of section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesig-
nation by section 305(a)(2) of this division, is amended
to read as follows:
‘‘(C) DOCUMENT FRAUD.—
‘‘(i) IN GENERAL.—An alien who is
the subject of a final order for violation of
section 274C is deportable.
‘‘(ii) WAIVER AUTHORIZED.—The At-
torney General may waive clause (i) in the
case of an alien lawfully admitted for per-
manent residence if no previous civil
money penalty was imposed against the
alien under section 274C and the offense
was incurred solely to assist, aid, or sup-
port the alien’s spouse or child (and no
other individual). No court shall have juris-
diction to review a decision of the Attorney