HR 6094 RFS 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after receiving a peti-
tion for revocation submitted under 
this subparagraph, the Attorney Gen-
eral shall make a determination as to 
such revocation. 
‘‘(II) PUBLICATION
OF
DETER-
MINATION.—A determination made by 
the Attorney General under this 
clause shall be published in the Fed-
eral Register. 
‘‘(III) PROCEDURES.—Any rev-
ocation by the Attorney General shall 
be made in accordance with para-
graph (6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 5-year pe-
riod no review has taken place under sub-
paragraph (B), the Attorney General shall 
review the designation of the criminal 
street gang in order to determine whether 
such designation should be revoked pursu-
ant to paragraph (6). 
‘‘(ii) PROCEDURES.—If a review does 
not take place pursuant to subparagraph 
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HR 6094 RFS 
(B) in response to a petition for revocation 
that is filed in accordance with that sub-
paragraph, then the review shall be con-
ducted pursuant to procedures established 
by the Attorney General. The results of 
such review and the applicable procedures 
shall not be reviewable in any court. 
‘‘(iii) PUBLICATION OF RESULTS OF 
REVIEW.—The Attorney General shall pub-
lish any determination made pursuant to 
this subparagraph in the Federal Register. 
‘‘(5) REVOCATION BY ACT OF CONGRESS.—The 
Congress, by an Act of Congress, may block or re-
voke a designation made under paragraph (1). 
‘‘(6) REVOCATION BASED ON CHANGE IN CIR-
CUMSTANCES.— 
‘‘(A) IN GENERAL.—The Attorney General 
may revoke a designation made under para-
graph (1) at any time, and shall revoke a des-
ignation upon completion of a review conducted 
pursuant to subparagraphs (B) and (C) of 
paragraph (4) if the Attorney General finds 
that— 
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HR 6094 RFS 
‘‘(i) the circumstances that were the 
basis for the designation have changed in 
such a manner as to warrant revocation; or 
‘‘(ii) the national security of the 
United States warrants a revocation. 
‘‘(B) PROCEDURE.—The procedural re-
quirements of paragraphs (2) and (3) shall 
apply to a revocation under this paragraph. Any 
revocation shall take effect on the date specified 
in the revocation or upon publication in the 
Federal Register if no effective date is specified. 
‘‘(7) EFFECT OF REVOCATION.—The revocation 
of a designation under paragraph (5) or (6) shall 
not affect any action or proceeding based on conduct 
committed prior to the effective date of such revoca-
tion. 
‘‘(8) USE OF DESIGNATION IN HEARING.—If a 
designation under this subsection has become effec-
tive under paragraph (2)(B) an alien in a removal 
proceeding shall not be permitted to raise any ques-
tion concerning the validity of the issuance of such 
designation as a defense or an objection at any hear-
ing. 
‘‘(b) JUDICIAL REVIEW OF DESIGNATION.— 
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HR 6094 RFS 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after publication of the designation in the Federal 
Register, a group or association designated as a 
criminal street gang may seek judicial review of the 
designation in the United States Court of Appeals 
for the District of Columbia Circuit. 
‘‘(2) BASIS
OF
REVIEW.—Review under this 
subsection shall be based solely upon the administra-
tive record. 
‘‘(3) SCOPE OF REVIEW.—The Court shall hold 
unlawful and set aside a designation the court finds 
to be— 
‘‘(A) arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accordance with 
law; 
‘‘(B) contrary to constitutional right, 
power, privilege, or immunity; 
‘‘(C) in excess of statutory jurisdiction, au-
thority, or limitation, or short of statutory 
right; 
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole; or 
‘‘(E) not in accord with the procedures re-
quired by law. 
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