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(d) REPEALS OF OTHER CHANGES IN JUDICIAL RE-
VIEW.—(1) Section 245A(f)(4) of the Immigration and
Nationality Act (8 U.S.C. 1255a(f)(4)) is amended by
striking subparagraph (C).
(2) The amendment made by paragraph (1) shall be
effective as if included in the enactment of section 201
of the Immigration Reform and Control Act of 1986 (Pub-
lic Law 99–603; 100 Stat. 3394) and shall apply to all
cases pending at any stage in any court as of the date
of enactment of this Act.
(e) 
INSPECTION
DETERMINATIONS.—Section
235(b)(1)(8) (8 U.S.C. 1225(b)(1)) is amended in sub-
paragraphs (A)(i) and (B)(iii) by striking ‘‘without further
hearing or review’’ each place it appears.
(f) CONFORMING AMENDMENTS.—
(1) The section heading of section 242 (8
U.S.C. 1252) is amended by striking ‘‘OF OR-
DERS OF REMOVAL’’.
(2) The table of contents of the Act is amended
by striking the item relating to section 242 and in-
serting the following:
‘‘Sec. 242. Judicial review.’’.
(g) CLARIFICATION OF JUDICIAL REVIEW.—Section
242(b) (8 U.S.C. 1252(b)) is amended by adding at the
end the following new paragraphs:
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‘‘(10) JURISDICTION TO REVIEW OTHER THAN
A FINAL ADMINISTRATIVE REMOVAL ORDER.—The
district courts shall have jurisdiction by habeas cor-
pus or otherwise to review all matters not encom-
passed within a final administrative order of removal
reviewable by petition for review under this section.
‘‘(11) IN-CUSTODY HABEAS CORPUS.—Any alien
held in custody pursuant to an order of removal may
obtain 
judicial 
review 
by 
habeas 
corpus
proceedings—
‘‘(A) of any matter that was not required
to have been or could not have been brought by
petition for review pursuant to this section; or
‘‘(B) if the remedy provided by petition for
review pursuant to this section was inad-
equate.’’.
SEC. 8. DETENTION.
(a) DETENTION.—Section 236(c) (8 U.S.C. 1226(c))
is amended—
(1) in paragraph (1), by striking ‘‘Attorney
General shall’’ and inserting ‘‘Attorney General
may’’, and
(2) by amending paragraph (2) to read as fol-
lows:
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‘‘(2) RELEASE.—The Attorney General shall re-
lease any alien described in paragraph (1) if the
alien satisfies the Attorney General that the alien
will not pose a danger to the safety of other persons
or of property and is likely to appear for any sched-
uled proceeding. All custody, bond, and parole deter-
minations shall be reviewable by any immigration
judge and subject to administrative appeal.’’.
(b) HABEAS CORPUS REVIEW OF DETENTION.—Sec-
tion 236(e) (8 U.S.C. 1226(e)) is amended to read as fol-
lows:
‘‘(e) HABEAS CORPUS CHALLENGE TO DETENTION
DETERMINATIONS.—Any person may challenge by a writ
of habeas corpus has detention by the Attorney General,
including any determination regarding the grant, revoca-
tion, denial, or condition of bond or parole.’’.
(c) DETENTION OF ALIENS NOT SUBJECT TO IMME-
DIATE REMOVAL.—Section 241(a) (8 U.S.C. 1231(a)) is
amended—
(1) by redesignating paragraph (6) as para-
graph (6)(A);
(2) in paragraph (6)(A) (as redesignated), by
inserting ‘‘for a reasonable period of time, not to ex-
ceed 9 months following the removal period, to allow
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for ongoing negotiations to affect such removal’’
after ‘‘removal period’’; and
(3) by adding at the end of paragraph (6)(A)
(as redesignated) the following:
‘‘(B) Upon conclusion of the removal pe-
riod and every 90 days thereafter, the Attorney
General shall review whether continued deten-
tion of the alien is authorized under subsection
(a).
‘‘(C) Determinations under this subpara-
graph shall be subject to de novo review by an
immigration judge and administrative appeal.
In such review, it shall be the Attorney Gen-
eral’s burden to prove that continued detention
is authorized under subsection (a).’’.
(d) LIMITATION.—Section 241 (8 U.S.C. 1231) is
amended by adding at the end the following:
‘‘(j) LIMITATION.—Notwithstanding any other provi-
sion of this section, including subsection (a)(2), the Attor-
ney General may not detain an alien who is able to dem-
onstrate to the Attorney General that—
‘‘(1) the alien is not a risk to the community
and is likely to comply with the order of removal;
and
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‘‘(2) removal of the alien cannot be effectuated
within the period specified in subsection (a)(6)(A).
The determination by the Attorney General shall be sub-
ject to de novo review by an immigration judge and admin-
istrative appeal.’’.
(e) ORDERS OF SUPERVISION.—Section 241(a)(3) (8
U.S.C. 1231(a)(3)) is amended by adding at the end the
following new sentence: ‘‘Such determinations and orders
of supervision shall be subject to de novo review by an
immigration judge and administrative appeal.’’.
SEC. 9. RIGHT TO COUNSEL.
Section 292 (8 U.S.C. 1362) is amended to read as
follows:
‘‘SEC. 292. In any bond, custody, detention, or re-
moval proceedings before the Attorney General and in any
appeal proceedings before the Attorney General from any
such proceedings, the person concerned shall have the
privilege of being represented by such counsel, authorized
to practice in such proceedings, as he shall choose. With
consent of their clients, counsel may enter appearances
limited to bond, custody, or other specific proceedings.’’
SEC. 10. ABSENCES OUTSIDE THE CONTROL OF THE ALIEN.
Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13)(C)) is
amended—
(1) by amending clause (ii) to read as follows:
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‘‘(ii) has been absent from the United
States for a continuous period in excess of
one year unless the alien’s return was im-
peded by emergency or extenuating cir-
cumstances outside the control of the
alien,’’;
(2) by inserting ‘‘or’’ at the end of clause (iii);
(3) by striking clauses (iv) and (v); and
(4) by redesignating clause (vi) as clause (iv).
SEC. 11. APPLICANTS FOR ADMISSION.
(a) INSPECTIONS GENERALLY.—Section 235(a) (8
U.S.C. 1225(a)) is amended—
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2), (3), (4),
and (5) as paragraphs (1), (2), (3), and (4), respec-
tively.
(b) SCREENINGS.—Section 235(b)(1)(A) (8 U.S.C.
1225(b)(1)(A)) is amended by striking clause (iii).
SEC. 12. STATUTORY CONSTRUCTION.
Nothing in this Act may be construed to make any
alien ineligible for any relief from removal or other benefit
under this Act to which he or she was eligible before enact-
ment of this Act.