claim and determine that issue as if proceedings had
been initiated under the provisions of section 2201
of title 28, United States Code. Any such alien shall
not be entitled to have such issue determined under
section 360(a) of this Act or otherwise. If no such
hearing de novo as to nationality is conducted, the
determination shall be made solely upon the admin-
istrative record upon which the removal order is
based and the Attorney General’s findings of fact, if
supported by reasonable, substantial, and probative
evidence on the record considered as a whole, shall
be conclusive. If the removal order is held invalid,
the court shall dismiss the indictment and the
United States shall have the right to appeal to the
court of appeals within 30 days. The procedure on
such appeals shall be as provided in the Federal
rules of criminal procedure. No petition for review
under this section may be filed by any alien during
the pendency of a criminal proceeding against such
alien for violation of subsection (a) or (b) of section
243 of this Act;
‘‘(8) nothing in this section shall be construed
to require the Attorney General to defer removal of
an alien after the issuance of a removal order be-
cause of the right of judicial review of the order
granted by this section, or to relieve any alien from
compliance with subsections (a) and (b) of section
243 of this Act. Nothing contained in this section
shall be construed to preclude the Attorney General
from detaining or continuing to detain an alien or
from taking the alien into custody pursuant to sec-
tion 241 of this Act at any time after the issuance
of a removal order;
‘‘(9) it shall not be necessary to print the
record or any part thereof, or the briefs, and the
court shall review the proceedings on a typewritten
record and on typewritten briefs; and
‘‘(10) any alien held in custody pursuant to an
order of removal may obtain judicial review thereof
by habeas corpus proceedings.
‘‘(b) Notwithstanding the provisions of any other law,
any alien against whom a final order of removal has been
made heretofore or hereafter under the provisions of sec-
tion 235 of this Act or comparable provisions of any prior
Act may obtain judicial review of such order by habeas
corpus proceedings and not otherwise.
‘‘(c) An order of removal shall not be reviewed by any
court if the alien has not exhausted the administrative
remedies available to the alien as of right under the immi-
gration laws and regulations or if the alien has departed
from the United States after the issuance of the order.
Every petition for review or for habeas corpus shall state
whether the validity of the order has been upheld in any
prior judicial proceeding, and, if so, the nature and date
thereof, and the court in which such proceeding took place.
No petition for review or for habeas corpus shall be enter-
tained if the validity of the order has been previously de-
termined in any civil or criminal proceeding, unless the
petition presents grounds which the court finds could not
have been presented in such prior proceeding, or the court
finds that the remedy provided by such prior proceeding
was inadequate or ineffective to test the validity of the
order.
‘‘(d)(1) A petition for review or for habeas corpus on
behalf of an alien against whom a final order of removal
has been issued pursuant to section 238(b) may challenge
only—
‘‘(A) whether the alien is in fact the alien de-
scribed in the order;
‘‘(B) whether the alien is in fact an alien de-
scribed in section 238(b)(2);
‘‘(C) whether the alien has been convicted of an
aggravated felony and such conviction has become
final; and
‘‘(D) whether the alien was afforded the proce-
dures required by section 238(b)(4).
‘‘(2) No court shall have jurisdiction to review any
issue other than an issue described in paragraph (1).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to determinations pending
on or after such date with respect to which—
(1) a final administrative decision has been not
been rendered as of such date; or
(2) such a decision has been rendered but the
period for seeking judicial review of the decision has
not expired.
SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.
(a) 
IN
GENERAL.—Notwithstanding 
section
240(c)(6) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(6)) or any other limitation imposed by
law on motions to reopen removal proceedings, the Attor-
ney General shall establish a process (whether through
permitting the reopening of a removal proceeding or other-
wise) under which an alien—
(1) who is (or was) in removal proceedings be-
fore the date of the enactment of this Act (whether
or not the alien has been removed as of such date);
and
(2) whose eligibility for cancellation of removal
has been established by this Act;
may apply (or reapply) for cancellation of removal under
section 240A(a) of the Immigration and Nationality Act
(8 U.S.C. 1229b(a)) as a beneficiary of the relief provided
under this Act.
(b) PAROLE.—The Attorney General should exercise
the parole authority under section 212(d)(5)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1182(d)(5)(A))
for the purpose of permitting aliens removed from the
United States to participate in the process established
under subsection (a).
Æ