‘‘(ii) DELEGATION.—Notwithstanding 
any other provision of law, the Secretary 
may not delegate the authority to make or 
renew a certification described in subclause 
(II), (III), or (V) of subparagraph (E)(ii) 
below the level of the Assistant Secretary 
for Immigration and Customs Enforce-
ment. 
‘‘(iii) HEARING.—The Secretary may 
request that the Attorney General, or a 
designee of the Attorney General, provide 
for a hearing to make the determination 
described 
in 
subparagraph 
(E)(ii)(IV)(bb)(BB). 
‘‘(I) CONDITIONS ON RELEASE.—If it is 
determined that an alien should be released 
from detention, the Secretary may, in the Sec-
retary’s discretion, impose conditions on release 
in accordance with the regulations prescribed 
pursuant to paragraph (3). 
‘‘(J) 
REDETENTION
OF
CERTAIN 
ALIENS.—The Secretary, without any limita-
tions other than those specified in this section, 
may detain any alien subject to a final removal 
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order who has previously been released from 
custody if— 
‘‘(i) the alien fails to comply with the 
conditions of release; 
‘‘(ii) the alien fails to continue to sat-
isfy the conditions described in subpara-
graph (B); or 
‘‘(iii) upon reconsideration, the Sec-
retary determines that the alien can be de-
tained under subparagraph (E). 
‘‘(K) 
APPLICABILITY.—This 
paragraph 
and paragraphs (6) and (7) shall apply to any 
alien returned to custody under subparagraph 
(I) as if the removal period terminated on the 
day of the redetention. 
‘‘(L) DETENTION
REVIEW
PROCESS
FOR 
ALIENS WHO HAVE EFFECTED AN ENTRY AND 
FAIL
TO
COOPERATE
WITH
REMOVAL.—The 
Secretary shall detain an alien until the alien 
makes all reasonable efforts to comply with a 
removal order and to cooperate fully with the 
Secretary’s efforts, if the alien— 
‘‘(i) has effected an entry into the 
United States; and 
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‘‘(ii)(I) and the alien faces a signifi-
cant likelihood that the alien will be re-
moved in the reasonably foreseeable future, 
or would have been removed if the alien 
had not— 
‘‘(aa) failed or refused to 
make all reasonable efforts to 
comply with a removal order; 
‘‘(bb) failed or refused to 
fully cooperate with the Sec-
retary’s efforts to establish the 
alien’s identity and carry out the 
removal order, including the fail-
ure to make timely application in 
good faith for travel or other doc-
uments necessary to the alien’s 
departure; or 
‘‘(cc) conspired or acted to 
prevent removal; or 
‘‘(II) the Secretary makes a certifi-
cation as specified in subparagraph (E), or 
the renewal of a certification specified in 
subparagraph (H). 
‘‘(M) DETENTION REVIEW PROCESS FOR 
ALIENS
WHO
HAVE
NOT
EFFECTED
AN 
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ENTRY.—Except as otherwise provided in this 
subparagraph, the Secretary shall follow the 
guidelines established in section 241.4 of title 8, 
Code of Federal Regulations, when detaining 
aliens who have not effected an entry. The Sec-
retary may decide to apply the review process 
outlined in this paragraph. 
‘‘(9) JUDICIAL REVIEW.—Judicial review of any 
action or decision made pursuant to paragraph (6), 
(7), or (8) shall be available exclusively in a habeas 
corpus proceeding brought in a United States dis-
trict court and only if the alien has exhausted all ad-
ministrative remedies (statutory and nonstatutory) 
available to the alien as of right.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a)— 
(1) shall take effect on the date of the enact-
ment of this Act; and 
(2) shall apply to— 
(A) any alien subject to a final administra-
tive removal, deportation, or exclusion order 
that was issued before, on, or after the date of 
the enactment of this Act, unless (a) that order 
was issued and the alien was subsequently re-
leased or paroled before the enactment of this 
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Act and (b) the alien has complied with and re-
mains in compliance with the terms and condi-
tions of that release or parole; and 
(B) any Act or condition occurring or ex-
isting before, on, or after the date of the enact-
ment of this Act. 
Æ 
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