comparable to that provided to full-time adjudicators 
of applications under section 208, and 
‘‘(2) is supervised by an officer who— 
‘‘(A) meets the condition described in 
paragraph (1); and 
‘‘(B) has had substantial experience adju-
dicating asylum applications. 
‘‘(b) PROCEEDING.— 
‘‘(1) IN GENERAL.—Not later than 7 days after 
the screening of an unaccompanied alien child under 
section 235(a)(4) of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act of 
2008 (8 U.S.C. 1232(a)(4)), an immigration judge 
shall conduct a proceeding to inspect, screen, and 
determine the status of an unaccompanied alien 
child who is an applicant for admission to the 
United States. 
‘‘(2) TIME
LIMIT.—Not later than 72 hours 
after the conclusion of a proceeding with respect to 
an unaccompanied alien child under this section, the 
immigration judge who conducted such proceeding 
shall issue an order pursuant to subsection (e). 
‘‘(c) CONDUCT OF PROCEEDING.— 
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‘‘(1) AUTHORITY
OF
IMMIGRATION
JUDGE.— 
The immigration judge conducting a proceeding 
under this section— 
‘‘(A) shall administer oaths, receive evi-
dence, and interrogate, examine, and cross-ex-
amine the alien and any witnesses; 
‘‘(B) may issue subpoenas for the attend-
ance of witnesses and presentation of evidence; 
and 
‘‘(C) is authorized to sanction by civil 
money penalty any action (or inaction) in con-
tempt of the judge’s proper exercise of author-
ity under this Act. 
‘‘(2) FORM
OF
PROCEEDING.—A proceeding 
under this section may take place— 
‘‘(A) in person; 
‘‘(B) at a location agreed to by the parties, 
in the absence of the alien; 
‘‘(C) through video conference; or 
‘‘(D) through telephone conference. 
‘‘(3) PRESENCE OF ALIEN.—If it is impracti-
cable by reason of an alien’s mental incompetency 
for the alien to be present at the proceeding, the At-
torney General shall prescribe safeguards to protect 
the rights and privileges of the alien. 
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‘‘(4) RIGHTS OF THE ALIEN.—In a proceeding 
under this section— 
‘‘(A) the alien shall be given the privilege 
of being represented, at no expense to the Gov-
ernment, by counsel of the alien’s choosing who 
is authorized to practice in such proceedings; 
‘‘(B) the alien shall be given a reasonable 
opportunity— 
‘‘(i) to examine the evidence against 
the alien; 
‘‘(ii) to present evidence on the alien’s 
own behalf; and 
‘‘(iii) to cross-examine witnesses pre-
sented by the Government; 
‘‘(C) the rights set forth in subparagraph 
(B) shall not entitle the alien— 
‘‘(i) to examine such national security 
information as the Government may prof-
fer in opposition to the alien’s admission to 
the United States; or 
‘‘(ii) to an application by the alien for 
discretionary relief under this Act; and 
‘‘(D) a complete record shall be kept of all 
testimony and evidence produced at the pro-
ceeding. 
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‘‘(5) WITHDRAWAL OF APPLICATION FOR AD-
MISSION.—In the discretion of the Attorney General, 
an alien applying for admission to the United States 
may, and at any time, be permitted to withdraw 
such application and immediately be returned to the 
alien’s country of nationality or country of last ha-
bitual residence. 
‘‘(d) DECISION AND BURDEN OF PROOF.— 
‘‘(1) DECISION.— 
‘‘(A) IN GENERAL.—At the conclusion of a 
proceeding under this section, the immigration 
judge shall determine whether an unaccom-
panied alien child is likely to be— 
‘‘(i) admissible to the United States; 
or 
‘‘(ii) eligible for any form of relief 
from removal under this Act. 
‘‘(B) EVIDENCE.—The determination of 
the immigration judge under subparagraph (A) 
shall be based only on the evidence produced at 
the hearing. 
‘‘(2) BURDEN OF PROOF.— 
‘‘(A) IN GENERAL.—In a proceeding under 
this section, an alien who is an applicant for 
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admission has the burden of establishing, by a 
preponderance of the evidence, that the alien— 
‘‘(i) is likely to be entitled to be law-
fully admitted to the United States or eli-
gible for any form of relief from removal 
under this Act; or 
‘‘(ii) is lawfully present in the United 
States pursuant to a prior admission. 
‘‘(B) ACCESS TO DOCUMENTS.—In meeting 
the burden of proof under subparagraph (A)(ii), 
the alien shall be given access to— 
‘‘(i) the alien’s visa or other entry 
document, if any; and 
‘‘(ii) any other records and docu-
ments, not considered by the Attorney 
General to be confidential, pertaining to 
the alien’s admission or presence in the 
United States. 
‘‘(e) ORDERS.— 
‘‘(1) 
PLACEMENT
IN
FURTHER
PRO-
CEEDINGS.—If an immigration judge determines 
that the unaccompanied alien child has met the bur-
den of proof under subsection (d)(2), the judge shall 
order the alien to be placed in further proceedings 
in accordance with section 240. 
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‘‘(2) ORDERS OF REMOVAL.—If an immigration 
judge determines that the unaccompanied alien child 
has not met the burden of proof required under sub-
section (d)(2), the judge shall order the alien re-
moved from the United States without further hear-
ing or review unless the alien claims— 
‘‘(A) an intention to apply for asylum 
under section 208; or 
‘‘(B) a fear of persecution. 
‘‘(3) CLAIMS
FOR
ASYLUM.—If an unaccom-
panied alien child described in paragraph (2) claims 
an intention to apply for asylum under section 208 
or a fear of persecution, the officer shall order the 
alien referred for an interview by an asylum officer 
under subsection (f). 
‘‘(f) ASYLUM INTERVIEWS.— 
‘‘(1) DEFINED TERM.—In this subsection, the 
term ‘credible fear of persecution’ means, after tak-
ing into account the credibility of the statements 
made by the alien in support of the alien’s claim and 
such other facts as are known to the officer, there 
is a significant possibility that the alien could estab-
lish eligibility for asylum under section 208. 
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‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy-
lum officer shall conduct interviews of aliens referred 
under subsection (e)(3). 
‘‘(3) REFERRAL OF CERTAIN ALIENS.—If the 
officer determines at the time of the interview that 
an alien has a credible fear of persecution, the alien 
shall be held in the custody of the Secretary of 
Health and Human Services pursuant to section 
235(b) of the William Wilberforce Trafficking Vic-
tims Protection Reauthorization Act of 2008 (8 
U.S.C. 1232(b)) during further consideration of the 
application for asylum. 
‘‘(4) REMOVAL WITHOUT FURTHER REVIEW IF 
NO CREDIBLE FEAR OF PERSECUTION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), if the asylum officer determines that 
an alien does not have a credible fear of perse-
cution, the officer shall order the alien removed 
from the United States without further hearing 
or review. 
‘‘(B) RECORD OF DETERMINATION.—The 
officer shall prepare a written record of a deter-
mination under subparagraph (A), which shall 
include— 
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‘‘(i) a summary of the material facts 
as stated by the applicant; 
‘‘(ii) such additional facts (if any) re-
lied upon by the officer; 
‘‘(iii) the officer’s analysis of why, in 
light of such facts, the alien has not estab-
lished a credible fear of persecution; and 
‘‘(iv) a copy of the officer’s interview 
notes. 
‘‘(C) REVIEW OF DETERMINATION.— 
‘‘(i) 
RULEMAKING.—The 
Attorney 
General shall establish, by regulation, a 
process by which an immigration judge will 
conduct a prompt review, upon the alien’s 
request, of a determination under subpara-
graph (A) that the alien does not have a 
credible fear of persecution. 
‘‘(ii) 
MANDATORY
COMPONENTS.— 
The review described in clause (i)— 
‘‘(I) shall include an opportunity 
for the alien to be heard and ques-
tioned by the immigration judge, ei-
ther in person or by telephonic or 
video connection; and 
‘‘(II) shall be conducted— 
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‘‘(aa) as expeditiously as 
possible; 
‘‘(bb) within the 24-hour pe-
riod beginning at the time the 
asylum officer makes a deter-
mination 
under 
subparagraph 
(A), to the maximum extent 
practicable; and 
‘‘(cc) in no case later than 7 
days after such determination. 
‘‘(D) 
MANDATORY
PROTECTIVE
CUS-
TODY.—Any alien subject to the procedures 
under this paragraph shall be held in the cus-
tody of the Secretary of Health and Human 
Services pursuant to Section 235(b) of the Wil-
liam Wilberforce Trafficking Victims Protection 
Reauthorization 
Act 
of 
2008 
(8 
U.S.C. 
1232(b))— 
‘‘(i) pending a final determination of 
credible fear of persecution; and 
‘‘(ii) after a determination that the 
alien does not such a fear, until the alien 
is removed. 
‘‘(g) LIMITATION ON ADMINISTRATIVE REVIEW.— 
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‘‘(1) IN GENERAL.—Except as provided in sub-
section (f)(4)(C) and paragraph (2), a removal order 
entered in accordance with subsection (e)(2) or 
(f)(4)(A) is not subject to administrative appeal. 
‘‘(2) RULEMAKING.—The Attorney General 
shall establish, by regulation, a process for the 
prompt review of an order under subsection (e)(2) 
against an alien who claims under oath, or as per-
mitted under penalty of perjury under section 1746 
of title 28, United States Code, after having been 
warned of the penal ties for falsely making such 
claim under such conditions to have been— 
‘‘(A) lawfully admitted for permanent resi-
dence; 
‘‘(B) admitted as a refugee under section 
207; or 
‘‘(C) granted asylum under section 208.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by inserting after 
the item relating to section 235A the following: 
‘‘Sec. 235B. Humane and expedited inspection and screening for unaccom-
panied alien children.’’. 
(b) JUDICIAL REVIEW OF ORDERS OF REMOVAL.— 
Section 242 of the Immigration and Nationality Act (8 
U.S.C. 1252) is amended— 
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(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, or an 
order of removal issued to an unaccompanied 
alien child after proceedings under section 
235B’’ after ‘‘section 235(b)(1)’’; and 
(B) in paragraph (2)— 
(i) by inserting ‘‘or section 235B’’ 
after ‘‘section 235(b)(1)’’ each place it ap-
pears; and 
(ii) in subparagraph (A)— 
(I) in the subparagraph heading, 
by inserting ‘‘OR
235B’’ after ‘‘SEC-
TION 235(b)(1)’’; and 
(II) in clause (iii), by striking 
‘‘section 235(b)(1)(B),’’ and inserting 
‘‘section 235(b)(1)(B) or 235B(f);’’; 
and 
(2) in subsection (e)— 
(A) in the subsection heading, by inserting 
‘‘OR 235B’’ after ‘‘SECTION 235(b)(1)’’; 
(B) by inserting ‘‘or section 235B’’ after 
‘‘section 235(b)(1)’’ in each place it appears; 
(C) in subparagraph (2)(C), by inserting 
‘‘or 
section 
235B(g)’’ 
after 
‘‘section 
235(b)(1)(C)’’; and 
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