‘‘(c) Aliens lawfully admitted for permanent residence 
who temporarily proceeded abroad voluntarily and not 
under an order of deportation or removal, and who are 
returning to a lawful unrelinquished domicile of seven con-
secutive years, may be admitted in the discretion of the 
Secretary of Homeland Security without regard to the pro-
visions of subsection (a) (other than paragraphs (3) and 
(10)(C)). Nothing contained in this subsection shall limit 
the authority of the Secretary of Homeland Security to 
exercise the discretion vested in him under section 211(b). 
The first sentence of this subsection shall not apply to an 
alien who has been convicted of one or more aggravated 
felonies and has served for such felony or felonies a term 
of imprisonment of at least 5 years.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) applies as of April 24, 1996, as if section 
440(d) of the Antiterrorism and Effective Death Penalty 
Act of 1996 (Public Law 104–132) and section 304(b) of 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208) had not 
been enacted. 
SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS. 
(a) IN GENERAL.—Section 242 of the Immigration 
and Nationality Act (8 U.S.C. 1252) is amended to read 
as follows: 
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‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL 
‘‘SEC. 242. (a) The procedure prescribed by, and all 
the provisions of chapter 158 of title 28, United States 
Code, shall apply to, and shall be the sole and exclusive 
procedure for, the judicial review of all final orders of re-
moval heretofore or hereafter made against aliens within 
the United States pursuant to administrative proceedings 
under section 240 of this Act or comparable provisions of 
any prior Act, except that— 
‘‘(1) a petition for review may be filed not later 
than 90 days after the date of the issuance of the 
final removal order, or, in the case of an alien con-
victed of an aggravated felony not later than 30 
days after the issuance of such order; 
‘‘(2) the venue of any petition for review under 
this section shall be in the judicial circuit in which 
the administrative proceedings before an immigra-
tion judge were conducted in whole or in part, or in 
the judicial circuit wherein is the residence, as de-
fined in this Act, of the petitioner, but not in more 
than one circuit; 
‘‘(3) the action shall be brought against the De-
partment of Homeland Security, as respondent. 
Service of the petition to review shall be made upon 
the Secretary of Homeland Security of the United 
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States and upon the official of the Department of 
Homeland Security in charge of the district in which 
the office of the clerk of the court is located. The 
service of the petition for review upon such official 
of the Service shall stay the removal of the alien 
pending determination of the petition by the court, 
unless the court otherwise directs or unless the alien 
is convicted of an aggravated felony, in which case 
the Service shall not stay the removal of the alien 
pending determination of the petition of the court 
unless the court otherwise directs; 
‘‘(4) except as provided in clause (B) of para-
graph (5) of this subsection, the petition shall be de-
termined solely upon the administrative record upon 
which the removal order is based and the Secretary 
of Homeland Security’s findings of fact, if supported 
by reasonable, substantial, and probative evidence on 
the record considered as a whole, shall be conclusive; 
‘‘(5) whenever any petitioner, who seeks review 
of an order under this section, claims to be a na-
tional of the United States and makes a showing 
that his claim is not frivolous, the court shall (A) 
pass upon the issues presented when it appears from 
the pleadings and affidavits filed by the parties that 
no genuine issue of material fact is presented; or (B) 
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where a genuine issue of material fact as to the peti-
tioner’s nationality is presented, transfer the pro-
ceedings to a United States district court for the 
district where the petitioner has his residence for 
hearing de novo of the nationality claim and deter-
mination as if such proceedings were originally initi-
ated in the district court under the provisions of sec-
tion 2201 of title 28, United States Code. Any such 
petitioner shall not be entitled to have such issue de-
termined under section 360(a) of this Act or other-
wise; 
‘‘(6) whenever a petitioner seeks review of an 
order under this section, any review sought with re-
spect to a motion to reopen or reconsider such an 
order shall be consolidated with the review of the 
order; 
‘‘(7) if the validity of a removal order has not 
been judicially determined, its validity may be chal-
lenged in a criminal proceeding against the alien for 
violation of subsection (a) or (b) of section 243 of 
this Act only by separate motion for judicial review 
before trial. Such motion shall be determined by the 
court without a jury and before the trial of the gen-
eral issue. Whenever a claim to United States na-
tionality is made in such motion, and in the opinion 
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of the court, a genuine issue of material fact as to 
the alien’s nationality is presented, the court shall 
accord him a hearing de novo on the nationality 
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 Secretary of Homeland Security’s 
findings of fact, if supported by reasonable, substan-
tial, 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 proce-
dure 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; 
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‘‘(8) nothing in this section shall be construed 
to require the Secretary of Homeland Security to 
defer removal of an alien after the issuance of a re-
moval order because 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 Secretary 
of Homeland Security from detaining or continuing 
to detain an alien or from taking the alien into cus-
tody pursuant to section 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. 
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‘‘(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 Sec-
retary of Homeland Security shall establish a process 
(whether through permitting the reopening of a removal 
proceeding or otherwise) under which an alien— 
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(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 Secretary of Homeland Security 
should exercise the parole authority under section 
212(d)(5)(A) of the Immigration 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 
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