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‘‘(2) NO JUDICIAL REVIEW.—Notwithstanding 
any other provision of law (statutory or nonstatu-
tory), no court, administrative agency, or other enti-
ty shall have jurisdiction—
‘‘(A) to hear any cause or claim arising 
from any action undertaken, or any decision 
made, by the Secretary of Homeland Security 
pursuant to paragraph (1); or 
‘‘(B) to order compensatory, declaratory, 
injunctive, equitable, or any other relief for 
damage alleged to arise from any such action or 
decision.’’. 
SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TER-
RORIST-RELATED ACTIVITIES. 
(a) 
IN
GENERAL.—So 
much 
of 
section 
212(a)(3)(B)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence 
is amended to read as follows: 
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has engaged in a terrorist 
activity; 
‘‘(II) a consular officer, the At-
torney General, or the Secretary of 
Homeland Security knows, or has rea-
sonable ground to believe, is engaged
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in or is likely to engage after entry in 
any terrorist activity (as defined in 
clause (iv)); 
‘‘(III) has, under circumstances 
indicating an intention to cause death 
or serious bodily harm, incited ter-
rorist activity; 
‘‘(IV) is a representative (as de-
fined in clause (v)) of—
‘‘(aa) a terrorist organiza-
tion (as defined in clause (vi)); or 
‘‘(bb) a political, social, or 
other group that endorses or es-
pouses terrorist activity; 
‘‘(V) is a member of a terrorist 
organization described in subclause (I) 
or (II) of clause (vi); 
‘‘(VI) is a member of a terrorist 
organization 
described 
in 
clause 
(vi)(III), unless the alien can dem-
onstrate by clear and convincing evi-
dence that the alien did not know, and 
should not reasonably have known, 
that the organization was a terrorist 
organization;
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‘‘(VII) endorses or espouses ter-
rorist activity or persuades others to 
endorse or espouse terrorist activity or 
support a terrorist organization; 
‘‘(VIII) has received military-type 
training 
(as 
defined 
in 
section 
2339D(c)(1) of title 18, United States 
Code) from or on behalf of any orga-
nization that, at the time the training 
was received, was a terrorist organiza-
tion (as defined in clause (vi)); or 
‘‘(IX) is the spouse or child of an 
alien who is inadmissible under this 
subparagraph, if the activity causing 
the alien to be found inadmissible oc-
curred within the last 5 years, 
is inadmissible.’’. 
(b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—
Section 212(a)(3)(B)(iv) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read 
as follows: 
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY 
DEFINED.—As used in this Act, the term 
‘engage in terrorist activity’ means, in an
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individual capacity or as a member of an 
organization—
‘‘(I) to commit or to incite to 
commit, under circumstances indi-
cating an intention to cause death or 
serious bodily injury, a terrorist activ-
ity; 
‘‘(II) to prepare or plan a ter-
rorist activity; 
‘‘(III) to gather information on 
potential targets for terrorist activity; 
‘‘(IV) to solicit funds or other 
things of value for—
‘‘(aa) a terrorist activity; 
‘‘(bb) a terrorist organiza-
tion described in clause (vi)(I) or 
(vi)(II); or 
‘‘(cc) a terrorist organiza-
tion described in clause (vi)(III), 
unless the solicitor can dem-
onstrate by clear and convincing 
evidence that he did not know, 
and should not reasonably have 
known, that the organization was 
a terrorist organization;
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‘‘(V) to solicit any individual—
‘‘(aa) to engage in conduct 
otherwise described in this sub-
section; 
‘‘(bb) for membership in a 
terrorist organization described 
in clause (vi)(I) or (vi)(II); or 
‘‘(cc) for membership in a 
terrorist organization described 
in clause (vi)(III) unless the so-
licitor can demonstrate by clear 
and convincing evidence that he 
did not know, and should not 
reasonably have known, that the 
organization was a terrorist orga-
nization; or 
‘‘(VI) to commit an act that the 
actor knows, or reasonably should 
know, affords material support, in-
cluding a safe house, transportation, 
communications, funds, transfer of 
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
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ological, or radiological weapons), ex-
plosives, or training—
‘‘(aa) for the commission of 
a terrorist activity; 
‘‘(bb) to any individual who 
the actor knows, or reasonably 
should know, has committed or 
plans to commit a terrorist activ-
ity; 
‘‘(cc) to a terrorist organiza-
tion described in subclause (I) or 
(II) of clause (vi) or to any mem-
ber of such an organization; or 
‘‘(dd) to a terrorist organi-
zation 
described 
in 
clause 
(vi)(III), or to any member of 
such an organization, unless the 
actor can demonstrate by clear 
and convincing evidence that the 
actor did not know, and should 
not reasonably have known, that 
the organization was a terrorist 
organization. 
This clause shall not apply to any material 
support the alien afforded to an organiza-
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tion or individual that has committed ter-
rorist activity, if the Secretary of State, 
after consultation with the Attorney Gen-
eral and the Secretary of Homeland Secu-
rity, or the Attorney General, after con-
sultation with the Secretary of State and 
the Secretary of Homeland Security, con-
cludes in his sole unreviewable discretion, 
that this clause should not apply.’’. 
(c) TERRORIST ORGANIZATION DEFINED.—Section 
212(a)(3)(B)(vi) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as fol-
lows: 
‘‘(vi) TERRORIST ORGANIZATION DE-
FINED.—As used in this section, the term 
‘terrorist organization’ means an organiza-
tion—
‘‘(I) designated under section 
219; 
‘‘(II) otherwise designated, upon 
publication in the Federal Register, by 
the Secretary of State in consultation 
with or upon the request of the Attor-
ney General or the Secretary of 
Homeland Security, as a terrorist or-
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ganization, after finding that the or-
ganization engages in the activities 
described in subclauses (I) through 
(VI) of clause (iv); or 
‘‘(III) that is a group of two or 
more individuals, whether organized 
or not, which engages in, or has a 
subgroup which engages in, the activi-
ties 
described 
in 
subclauses 
(I) 
through (VI) of clause (iv).’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this division, and these amendments, and section 
212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)), as amended by this section, shall 
apply to—
(1) removal proceedings instituted before, on, or 
after the date of the enactment of this division; and 
(2) acts and conditions constituting a ground 
for inadmissibility, excludability, deportation, or re-
moval occurring or existing before, on, or after such 
date. 
SEC. 104. REMOVAL OF TERRORISTS. 
(a) IN GENERAL.—
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(1) IN GENERAL.—Section 237(a)(4)(B) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1227(a)(4)(B)) is amended to read as follows: 
‘‘(B) TERRORIST
ACTIVITIES.—Any alien 
who is described in subparagraph (B) or (F) of 
section 212(a)(3) is deportable.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this division, and the amendment, and 
section 237(a)(4)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1227(a)(4)(B)), as amended 
by such paragraph, shall apply to—
(A) removal proceedings instituted before, 
on, or after the date of the enactment of this 
division; and 
(B) acts and conditions constituting a 
ground for inadmissibility, excludability, depor-
tation, or removal occurring or existing before, 
on, or after such date. 
(b) REPEAL.—Effective as of the date of the enact-
ment of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458), section 5402 of such 
Act is repealed, and the Immigration and Nationality Act 
shall be applied as if such section had not been enacted.
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SEC. 105. 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), or in any other provision of this Act 
which limits or eliminates judicial review, shall
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be construed as precluding review of constitu-
tional claims or pure questions of law raised 
upon a petition for review filed with an appro-
priate 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
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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
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(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-
ment of this division and shall apply to cases in which 
the final administrative order of removal, deportation, or 
exclusion was issued before, on, or after the date of the 
enactment of this division. 
(c) TRANSFER OF CASES.—If an alien’s case, brought 
under section 2241 of title 28, United States Code, and 
challenging a final administrative order of removal, depor-
tation, or exclusion, is pending in a district court on the 
date of the enactment of this division, then the district 
court shall transfer the case (or the part of the case that 
challenges the order of removal, deportation, or exclusion) 
to the court of appeals for the circuit in which a petition 
for review could have been properly filed under section 
242(b)(2) of the Immigration and Nationality Act (8 
U.S.C. 1252), as amended by this section, or under section 
309(c)(4)(D) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1101 note). 
The court of appeals shall treat the transferred case as
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if it had been filed pursuant to a petition for review under 
such section 242, except that subsection (b)(1) of such 
section shall not apply. 
(d) TRANSITIONAL RULE CASES.—A petition for re-
view filed under former section 106(a) of the Immigration 
and Nationality Act (as in effect before its repeal by sec-
tion 306(b) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1252 note)) 
shall be treated as if it had been filed as a petition for 
review under section 242 of the Immigration and Nation-
ality Act (8 U.S.C. 1252), as amended by this section. 
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, such petition for re-
view shall be the sole and exclusive means for judicial re-
view of an order of deportation or exclusion. 
SEC. 106. DELIVERY BONDS. 
(a) DEFINITIONS.—For purposes of this section: 
(1) DELIVERY
BOND.—The term ‘‘delivery 
bond’’ means a written suretyship undertaking for 
the surrender of an individual against whom the De-
partment of Homeland Security has issued an order 
to show cause or a notice to appear, the performance
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of which is guaranteed by an acceptable surety on 
Federal bonds. 
(2) PRINCIPAL.—The term ‘‘principal’’ means 
an individual who is the subject of a bond. 
(3) SURETYSHIP
UNDERTAKING.—The term 
‘‘suretyship undertaking’’ means a written agree-
ment, executed by a bonding agent on behalf of a 
surety, which binds all parties to its certain terms 
and conditions and which provides obligations for 
the principal and the surety while under the bond 
and penalties for forfeiture to ensure the obligations 
of the principal and the surety under the agreement. 
(4) BONDING
AGENT.—The term ‘‘bonding 
agent’’ means any individual properly licensed, ap-
proved, and appointed by power of attorney to exe-
cute or countersign surety bonds in connection with 
any matter governed by the Immigration and Na-
tionality Act as amended (8 U.S.C. 1101, et seq.), 
and who receives a premium for executing or 
countersigning such surety bonds. 
(5) SURETY.—The term ‘‘surety’’ means an en-
tity, as defined by, and that is in compliance with, 
sections 9304 through 9308 of title 31, United 
States Code, that agrees—
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(A) to guarantee the performance, where 
appropriate, of the principal under a bond; 
(B) to perform the bond as required; and 
(C) to pay the face amount of the bond as 
a penalty for failure to perform. 
(b) VALIDITY, AGENT NOT CO-OBLIGOR, EXPIRA-
TION, RENEWAL, AND CANCELLATION OF BONDS.—
(1) VALIDITY.—Delivery bond undertakings are 
valid if such bonds—
(A) state the full, correct, and proper 
name of the alien principal; 
(B) state the amount of the bond; 
(C) are guaranteed by a surety and 
countersigned by an agent who is properly ap-
pointed; 
(D) bond documents are properly executed; 
and 
(E) relevant bond documents are properly 
filed with the Secretary of Homeland Security. 
(2) BONDING AGENT NOT CO-OBLIGOR, PARTY, 
OR GUARANTOR IN INDIVIDUAL CAPACITY, AND NO 
REFUSAL
IF
ACCEPTABLE
SURETY.—Section 
9304(b) of title 31, United States Code, is amended 
by adding at the end the following: ‘‘Notwith-
standing any other provision of law, no bonding
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agent of a corporate surety shall be required to exe-
cute bonds as a co-obligor, party, or guarantor in an 
individual capacity on bonds provided by the cor-
porate surety, nor shall a corporate surety bond be 
refused if the corporate surety appears on the cur-
rent Treasury Department Circular 570 as a com-
pany holding a certificate of authority as an accept-
able surety on Federal bonds and attached to the 
bond is a currently valid instrument showing the au-
thority of the bonding agent of the surety company 
to execute the bond.’’. 
(3) EXPIRATION.—A delivery bond undertaking 
shall expire at the earliest of—
(A) 1 year from the date of issue; 
(B) at the cancellation of the bond or sur-
render of the principal; or 
(C) immediately upon nonpayment of the 
renewal premium. 
(4) RENEWAL.—Delivery bonds may be re-
newed annually, with payment of proper premium to 
the surety, if there has been no breach of conditions, 
default, claim, or forfeiture of the bond. Notwith-
standing any renewal, when the alien is surrendered 
to the Secretary of Homeland Security for removal, 
the Secretary shall cause the bond to be canceled.
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(5) CANCELLATION.—Delivery bonds shall be 
canceled and the surety exonerated—
(A) for nonrenewal after the alien has been 
surrendered to the Department of Homeland 
Security for removal; 
(B) if the surety or bonding agent provides 
reasonable evidence that there was misrepresen-
tation or fraud in the application for the bond; 
(C) upon the death or incarceration of the 
principal, or the inability of the surety to 
produce the principal for medical reasons; 
(D) if the principal is detained by any law 
enforcement agency of any State, county, city, 
or any politial subdivision thereof; 
(E) if it can be established that the alien 
departed the United States of America for any 
reason without permission of the Secretary of 
Homeland Security, the surety, or the bonding 
agent; 
(F) if the foreign state of which the prin-
cipal is a national is designated pursuant to 
section 244 of the Act (8 U.S.C. 1254a) after 
the bond is posted; or
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(G) if the principal is surrendered to the 
Department of Homeland Security, removal by 
the surety or the bonding agent. 
(6) SURRENDER
OF
PRINCIPAL; FORFEITURE 
OF BOND PREMIUM.—
(A) SURRENDER.—At any time, before a 
breach of any of the bond conditions, if in the 
opinion of the surety or bonding agent, the 
principal becomes a flight risk, the principal 
may be surrendered to the Department of 
Homeland Security for removal. 
(B) FORFEITURE OF BOND PREMIUM.—A 
principal may be surrendered without the re-
turn of any bond premium if the principal—
(i) changes address without notifying 
the surety, the bonding agent, and the Sec-
retary of Homeland Security in writing 
prior to such change; 
(ii) hides or is concealed from a sur-
ety, a bonding agent, or the Secretary; 
(iii) fails to report to the Secretary as 
required at least annually; or 
(iv) violates the contract with the 
bonding agent or surety, commits any act 
that may lead to a breach of the bond, or
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otherwise violates any other obligation or 
condition of the bond established by the 
Secretary. 
(7) CERTIFIED
COPY
OF
BOND
AND
ARREST 
WARRANT TO ACCOMPANY SURRENDER.—
(A) IN
GENERAL.—A bonding agent or 
surety desiring to surrender the principal—
(i) shall have the right to petition the 
Secretary of Homeland Security or any 
Federal court, without having to pay any 
fees or court costs, for an arrest warrant 
for the arrest of the principal; 
(ii) shall forthwith be provided 2 cer-
tified copies each of the arrest warrant and 
the bond undertaking, without having to 
pay any fees or courts costs; and 
(iii) shall have the right to pursue, ap-
prehend, detain, and surrender the prin-
cipal, together with certified copies of the 
arrest warrant and the bond undertaking, 
to any Department of Homeland Security 
detention official or Department detention 
facility or any detention facility authorized 
to hold Federal detainees.
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(B) EFFECTS OF DELIVERY.—Upon sur-
render of a principal under subparagraph 
(A)(iii)—
(i) the official to whom the principal 
is surrendered shall detain the principal in 
custody and issue a written certificate of 
surrender; and 
(ii) the Secretary of Homeland Secu-
rity shall immediately exonerate the surety 
from any further liability on the bond. 
(8) FORM OF BOND.—Delivery bonds shall in 
all cases state the following and be secured by a cor-
porate surety that is certified as an acceptable sur-
ety on Federal bonds and whose name appears on 
the current Treasury Department Circular 570: 
‘‘(A) BREACH OF BOND; PROCEDURE, FOR-
FEITURE, NOTICE.—
‘‘(i) If a principal violates any condi-
tions of the delivery bond, or the principal 
is or becomes subject to a final administra-
tive order of deportation or removal, the 
Secretary of Homeland Security shall—
‘‘(I) immediately issue a warrant 
for the principal’s arrest and enter 
that arrest warrant into the National