I 
109TH CONGRESS 
1ST SESSION 
H. R. 100 
To amend the Immigration and Nationality Act to modify provisions relating 
to judicial review of orders of removal. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005 
Mr. DREIER (for himself and Mr. SENSENBRENNER) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to modify 
provisions relating to judicial review of orders of removal. 
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 ‘‘Citizens and Legal 
Immigration 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 subparagraph (A), by inserting 
‘‘(statutory or nonstatutory), including sec-
tion 2241 of title 28, United States Code, 
or any other habeas corpus provision, and 
sections 1361 and 1651 of such title’’ after 
‘‘Notwithstanding any other provision of 
law’’; 
(ii) in each of subparagraphs (B) and 
(C), by inserting ‘‘(statutory or nonstatu-
tory), including section 2241 of title 28, 
United States Code, or any other habeas 
corpus provision, and sections 1361 and 
1651 of such title, and except as provided 
in subparagraph (D)’’ after ‘‘Notwith-
standing any other provision of law’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) JUDICIAL
REVIEW
OF
CERTAIN 
LEGAL CLAIMS.—Nothing in subparagraph (B) 
or (C) shall be construed as precluding review 
of constitutional claims or pure questions of law 
raised upon a petition for review filed with an 
appropriate court of appeals in accordance with 
this section.’’; and 
(B) by adding at the end the following:
‘‘(4) CLAIMS
UNDER
THE
UNITED
NATIONS 
CONVENTION.—Notwithstanding any other provision 
of law (statutory or nonstatutory), including section 
2241 of title 28, United States Code, or any other 
habeas corpus provision, and sections 1361 and 
1651 of such title, a petition for review filed with an 
appropriate court of appeals in accordance with this 
section shall be the sole and exclusive means for ju-
dicial review of any cause or claim under the United 
Nations Convention Against Torture and Other 
Forms of Cruel, Inhuman, or Degrading Treatment 
or Punishment, except as provided in subsection (e). 
‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Notwith-
standing any other provision of law (statutory or 
nonstatutory), including section 2241 of title 28, 
United States Code, or any other habeas corpus pro-
vision, and sections 1361 and 1651 of such title, a 
petition for review filed with an appropriate court of 
appeals in accordance with this section shall be the 
sole and exclusive means for judicial review of an 
order of removal entered or issued under any provi-
sion of this Act, except as provided in subsection (e). 
For purposes of this Act, in every provision that lim-
its or eliminates judicial review or jurisdiction to re-
view, 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 such title, and review pursuant to any other 
provision of law (statutory or nonstatutory).’’; 
(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 section, 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 such title, 
or by any other provision of law (statutory or 
nonstatutory), to review such an order or such 
questions of law or fact.’’; and 
(3) in subsection (g), by inserting ‘‘(statutory 
or nonstatutory), including section 2241 of title 28, 
United States Code, or any other habeas corpus pro-
vision, and sections 1361 and 1651 of such title’’ 
after ‘‘notwithstanding any other provision of law’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect upon the date of the enact-