I 
108TH CONGRESS 
2D SESSION 
H. R. 4406
To reform the judicial review process of orders of removal for purposes 
of the Immigration and Nationality Act. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2004
Mr. SENSENBRENNER (for himself and Mr. HOSTETTLER) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To reform the judicial review process of orders of removal 
for purposes of the Immigration and Nationality Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness in Immigra-
tion Litigation Act’’. 
SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL. 
(a) IN GENERAL.—Section 242 of the Immigration 
and Nationality Act (8 U.S.C. 1252) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraphs (A), (B), and 
(C), by inserting ‘‘(statutory and nonstatu-
tory), including section 2241 of title 28, 
United States Code, or any other habeas 
corpus provision, and sections 1361 and 
1651 of title 28, United States Code’’ after 
‘‘Notwithstanding any other provision of 
law’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(D) JUDICIAL
REVIEW
OF
CERTAIN 
LEGAL
CLAIMS.—Nothing in this paragraph 
shall be construed as precluding consideration 
by the circuit courts of appeals of constitutional 
claims or pure questions of law raised upon pe-
titions for review filed in accordance with this 
section. Notwithstanding any other provision of 
law (statutory and nonstatutory), including sec-
tion 2241 of title 28, United States Code, or, 
except as provided in subsection (e), any other 
habeas corpus provision, and sections 1361 and 
1651 of title 28, United States Code, such peti-
tions for review shall be the sole and exclusive 
means of raising any and all claims with respect
to orders of removal entered or issued under 
any provision of this Act.’’; and 
(B) by adding at the end the following: 
‘‘(4) CLAIMS
UNDER
THE
UNITED
NATIONS 
CONVENTION.—Notwithstanding any other provision 
of law (statutory and nonstatutory), including sec-
tion 2241 of title 28, United States Code, or any 
other habeas corpus provision, and sections 1361 
and 1651 of title 28, United States Code, a petition 
for review by the circuit courts of appeals filed in ac-
cordance with this section is the sole and exclusive 
means of judicial review of claims arising under the 
United Nations Convention Against Torture and 
Other Forms of Cruel, Inhuman, or Degrading 
Treatment or Punishment. 
‘‘(5) EXCLUSIVE MEANS OF REVIEW.—The ju-
dicial review specified in this subsection shall be the 
sole and exclusive means for review by any court of 
an order of removal entered or issued under any pro-
vision of this Act. For purposes of this title, in every 
provision that limits or eliminates judicial review or 
jurisdiction to review, the terms ‘judicial review’ and 
‘jurisdiction to review’ include habeas corpus review 
pursuant to section 2241 of title 28, United States 
Code, or any other habeas corpus provision, sections
1361 and 1651 of title 28, United States Code, and 
review pursuant to any other provision of law.’’; 
(2) in subsection (b)—
(A) in paragraph (3)(B), by inserting 
‘‘pursuant to subsection (f)’’ after ‘‘unless’’; 
and 
(B) in paragraph (9), by adding at the end 
the following: ‘‘Except as otherwise provided in 
this subsection, no court shall have jurisdiction, 
by habeas corpus under section 2241 of title 
28, United States Code, or any other habeas 
corpus provision, by section 1361 or 1651 of 
title 28, United States Code, or by any other 
provision of law (statutory or nonstatutory), to 
hear any cause or claim subject to these con-
solidation provisions.’’; 
(3) in subsection (f)(2), by inserting ‘‘or stay, 
by temporary or permanent order, including stays 
pending judicial review,’’ after ‘‘no court shall en-
join’’; and 
(4) in subsection (g), by inserting ‘‘(statutory 
and nonstatutory), including section 2241 of title 
28, United States Code, or any other habeas corpus 
provision, and sections 1361 and 1651 of title 28,
United States Code’’ after ‘‘notwithstanding any 
other provision of law’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect upon the date of enactment 
of this Act and shall apply to cases in which the final ad-
ministrative removal order was issued before, on, or after 
the date of enactment of this Act. 
SEC. 3. CONSOLIDATION OF APPEALS. 
(a) IN GENERAL.—Section 242(b)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1252(b)(2)), is 
amended by striking the first sentence and inserting the 
following: ‘‘The petition for review shall be filed with the 
court of appeals for the Federal Circuit.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to any final agency order that 
was entered on or after the date of enactment of this Act. 
SEC. 4. ADDITIONAL REMOVAL AUTHORITIES. 
(a) IN GENERAL.—Section 241(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(b)) is amended—
(1) in paragraph (1)—
(A) in each of subparagraphs (A) and (B), 
by striking the period at the end and inserting 
‘‘unless, in the opinion of the Secretary of 
Homeland Security, removing the alien to such