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)
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
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;
‘‘(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.
‘‘(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);