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for asylum under section 208 would not be manifestly un-
founded.
‘‘(c) ALIENS FLEEING ONGOING ARMED CONFLICT,
TORTURE, SYSTEMATIC PERSECUTION, AND OTHER DEPRI-
VATIONS OF HUMAN RIGHTS.—Notwithstanding any other
provision of this section, the Attorney General may, in the
Attorney General’s discretion, proceed in accordance with
section 236 with regard to any alien fleeing from a country
where—
‘‘(1) the government (or a group within the
country that the government is unable or unwilling to
control) engages in—
‘‘(A) torture or other cruel, inhuman, or de-
grading treatment or punishment;
‘‘(B) prolonged arbitrary detention without
charges or trial;
‘‘(C) abduction, forced disappearance or
clandestine detention; or
‘‘(D) systematic persecution; or
‘‘(2) an ongoing armed conflict or other extraor-
dinary conditions would pose a serious threat to the
alien’s personal safety.’’.
(b) 
CONFORMING
AMENDMENTS.—(1)(A) 
Section
235(b) of the Immigration and Nationality Act (8 U.S.C.
1225b) is amended to read as follows:
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‘‘(b) Every alien (other than an alien crewman), and
except as otherwise provided in subsection (c) of this section
and in section 273(d), who may not appear to the examin-
ing officer at the port of arrival to be clearly and beyond
a doubt entitled to land shall be detained for further inquiry
to be conducted by a special inquiry officer. The decision
of the examining immigration officer, if favorable to the ad-
mission of any alien, shall be subject to challenge by any
other immigration officer and such challenge shall operate
to take the alien, whose privilege to land is so challenged,
before a special inquiry officer.’’.
(B) Section 237(a) of the Immigration and National-
ity Act (8 U.S.C. 1227a) is amended—
(i) in the second sentence of paragraph (1), by
striking ‘‘Subject to section 235(b)(1), deportation’’
and inserting ‘‘Deportation’’; and
(ii) in the first sentence of paragraph (2), by
striking ‘‘Subject to section (b)(1), if’’ and inserting
‘‘If’’.
(2)(A) Section 106 of the Immigration and National-
ity Act (8 U.S.C. 1105a) is amended—
(i) by striking subsection (e); and
(ii) by amending the section heading to read as
follows: ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTA-
TION AND EXCLUSION’’.
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(B) Section 235(d) (8 U.S.C. 1225d) is repealed.
(C) The item relating to section 106 in the table of
contents of the Immigration and Nationality Act is amend-
ed to read as follows:
‘‘106. Judicial review of orders of deportation and exclusion.’’.
(3) Section 241(d) (8 U.S.C. 1251d) is repealed.
SEC. 142. JUDICIAL REVIEW OF ORDERS OF EXCLUSION
AND DEPORTATION.
(a) IN GENERAL.—Section 106 (8 U.S.C. 1105a) is
amended to read as follows:
‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION,
EXCLUSION, AND SPECIAL EXCLUSION
‘‘SEC. 106. (a) APPLICABLE PROVISIONS.—Except as
provided in subsection (b), judicial review of a final order
of exclusion or deportation is governed only by chapter 158
of title 28 of the United States Code, but in no such review
may a court order the taking of additional evidence pursu-
ant to section 2347(c) of title 28, United States Code.
‘‘(b) REQUIREMENTS.—(1)(A) A petition for judicial
review must be filed not later than 30 days after the date
of the final order of exclusion or deportation, except that
in the case of any specially deportable criminal alien (as
defined in section 242(k)), there shall be no judicial review
of any final order of deportation.
‘‘(B) The alien shall serve and file a brief in connection
with a petition for judicial review not later than 40 days
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after the date on which the administrative record is avail-
able, and may serve and file a reply brief not later than
14 days after service of the brief of the Attorney General,
and the court may not extend these deadlines except upon
motion for good cause shown. Judicial review of all ques-
tions of law and fact, including interpretation and applica-
tion of constitutional and statutory provisions, arising
from any action taken or proceeding brought to exclude or
deport an alien from the United States under title II of
this Act shall be available only in the judicial review of
a final order of exclusion or deportation under this section.
If a petition filed under this section raises a Constitutional
issue that the court of appeals finds presents a genuine issue
of material fact that cannot be resolved on the basis of the
administrative record, the court shall transfer the proceed-
ing to the district court of the United States for the judicial
district in which the petitioner resides or is detained for
a new hearing on the Constitutional claim as if the proceed-
ings were originally initiated in district court. The proce-
dure in these cases in the district court is governed by the
Federal Rules of Civil Procedure.
‘‘(C) If an alien fails to file a brief in connection with
a petition for judicial review within the time provided in
this paragraph, the Attorney General may move to dismiss
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the appeal, and the court shall grant such motion unless
a manifest injustice would result.
‘‘(2) A petition for judicial review shall be filed with
the court of appeals for the judicial circuit in which the
special inquiry officer completed the proceedings.
‘‘(3) The respondent of a petition for judicial review
shall be the Attorney General. The petition shall be served
on the Attorney General and on the officer or employee of
the Immigration and Naturalization Service in charge of
the Service district in which the final order of exclusion
or deportation was entered. Service of the petition on the
officer or employee does not stay the deportation of an alien
pending the court’s decision on the petition, unless the court
orders otherwise.
‘‘(4)(A) Except as provided in paragraph (5)(B), the
court of appeals shall decide the petition only on the admin-
istrative record on which the order of exclusion or deporta-
tion is based and the Attorney General’s findings of fact
shall be conclusive unless a reasonable adjudicator would
be compelled to conclude to the contrary.
‘‘(B) The Attorney General’s discretionary judgment
whether to grant relief under section 212 (c) or (i), 244
(a) or (d), or 245 shall be conclusive and shall not be subject
to review.
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‘‘(C) The Attorney General’s discretionary judgment
whether to grant relief under section 208(a) shall be conclu-
sive unless manifestly contrary to law and an abuse of dis-
cretion.
‘‘(5)(A) If the petitioner claims to be a national of the
United States and the court of appeals finds from the plead-
ings and affidavits that no genuine issue of material fact
about the petitioner’s nationality is presented, the court
shall decide the nationality claim.
‘‘(B) If the petitioner claims to be a national of the
United States and the court of appeals finds that a genuine
issue of material fact about the petitioner’s nationality is
presented, the court shall transfer the proceeding to the dis-
trict court of the United States for the judicial district in
which the petitioner resides for a new hearing on the na-
tionality claim and a decision on that claim as if an action
had been brought in the district court under section 2201
of title 28, United States Code.
‘‘(C) The petitioner may have the nationality claim
decided only as provided in this section.
‘‘(6)(A) If the validity of an order of deportation has
not been judicially decided, a defendant in a criminal pro-
ceeding charged with violating subsection (d) or (e) of sec-
tion 242 may challenge the validity of the order in the
criminal proceeding only by filing a separate motion before
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trial. The district court, without a jury, shall decide the
motion before trial.
‘‘(B) If the defendant claims in the motion to be a na-
tional of the United States and the district court finds that
no genuine issue of material fact about the defendant’s na-
tionality is presented, the court shall decide the motion only
on the administrative record on which the deportation order
is based. The administrative findings of fact are conclusive
if supported by reasonable, substantial, and probative evi-
dence on the record considered as a whole.
‘‘(C) If the defendant claims in the motion to be a na-
tional of the United States and the district court finds that
a genuine issue of material fact about the defendant’s na-
tionality is presented, the court shall hold a new hearing
on the nationality claim and decide that claim as if an
action had been brought under section 2201 of title 28,
United States Code.
‘‘(D) If the district court rules that the deportation
order is invalid, the court shall dismiss the indictment. The
United States Government may appeal the dismissal to the
court of appeals for the appropriate circuit within 30 days.
The defendant may not file a petition for review under this
section during the criminal proceeding. The defendant may
have the nationality claim decided only as provided in this
section.
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(2), the reviewing court finds that the petition
presents grounds that could not have been pre-
sented in the prior judicial proceeding or that
the remedy provided by the prior proceeding was
inadequate or ineffective to test the validity of
the order.
‘‘(2) Nothing in paragraph (1)(B) may be con-
strued as creating a right of review if such review
would be inconsistent with subsection (e), (f), or (g),
or any other provision of this section.
‘‘(e) NO JUDICIAL REVIEW FOR ORDERS OF DEPORTA-
TION OR EXCLUSION ENTERED AGAINST CERTAIN CRIMI-
NAL ALIENS.—Notwithstanding any other provision of law,
any order of exclusion or deportation against an alien who
is excludable or deportable by reason of having committed
any criminal offense described in subparagraph (A)(iii),
(B), (C), or (D) of section 241(a)(2), or two or more offenses
described in section 241(a)(2)(A)(ii), at least two of which
resulted in a sentence or confinement described in section
241(a)(2)(A)(i)(II), is not subject to review by any court.
‘‘(f) NO COLLATERAL ATTACK.—In any action brought
for the assessment of penalties for improper entry or reentry
of an alien under section 275 or 276, no court shall have
jurisdiction to hear claims attacking the validity of orders
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of exclusion, special exclusion, or deportation entered under
section 235, 236, or 242.’’.
(b) RESCISSION OF ORDER.—Section 242B(c)(3) (8
U.S.C. 1252b(c)(3)) is amended by striking the period at
the end and inserting ‘‘by the special inquiry officer, but
there shall be no stay pending further administrative or ju-
dicial review, unless ordered because of individually com-
pelling circumstances.’’.
(c) CLERICAL AMENDMENT.—The table of contents of
the Act is amended by amending the item relating to section
106 to read as follows:
‘‘Sec. 106. Judicial review of orders of deportation, exclusion, and special exclu-
sion.’’.
(d) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply to all final orders of
exclusion or deportation entered, and motions to reopen
filed, on or after the date of the enactment of this Act.
SEC. 143. CIVIL PENALTIES AND VISA INELIGIBILITY, FOR
FAILURE TO DEPART.
(a) ALIENS SUBJECT TO AN ORDER OF EXCLUSION OR
DEPORTATION.—The Immigration and Nationality Act is
amended by inserting after section 274C (8 U.S.C. 1324c)
the following new section:
‘‘CIVIL PENALTIES FOR FAILURE TO DEPART
‘‘SEC. 274D. (a) Any alien subject to a final order of
exclusion and deportation or deportation who—
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‘‘(1) willfully fails or refuses to—
‘‘(A) depart on time from the United States
pursuant to the order;
‘‘(B) make timely application in good faith
for travel or other documents necessary for de-
parture; or
‘‘(C) present himself or herself for deporta-
tion at the time and place required by the Attor-
ney General; or
‘‘(2) conspires to or takes any action designed to
prevent or hamper the alien’s departure pursuant to
the order,
shall pay a civil penalty of not more than $500 to the Com-
missioner for each day the alien is in violation of this sec-
tion.
‘‘(b) The Commissioner shall deposit amounts received
under subsection (a) as offsetting collections in the appro-
priate appropriations account of the Service.
‘‘(c) Nothing in this section shall be construed to di-
minish or qualify any penalties to which an alien may be
subject for activities proscribed by section 242(e) or any
other section of this Act.’’.
(b) VISA OVERSTAYER.—The Immigration and Na-
tionality Act is amended in section 212 (8 U.S.C. 1182)
by inserting the following new subsection:
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‘‘(p)(1) Any lawfully admitted nonimmigrant who re-
mains in the United States for more than 60 days beyond
the period authorized by the Attorney General shall be ineli-
gible for additional nonimmigrant or immigrant visas
(other than visas available for spouses of United States citi-
zens or aliens lawfully admitted for permanent residence)
until the date that is—
‘‘(A) 3 years after the date the nonimmigrant de-
parts the United States in the case of a non-
immigrant not described in paragraph (2); or
‘‘(B) 5 years after the date the nonimmigrant de-
parts the United States in the case of a non-
immigrant who without reasonable cause fails or re-
fuses to attend or remain in attendance at a proceed-
ing to determine the nonimmigrant’s deportability.
‘‘(2)(A) Paragraph (1) shall not apply to any lawfully
admitted nonimmigrant who is described in paragraph
(1)(A) and who demonstrates good cause for remaining in
the United States for the entirety of the period (other than
the first 60 days) during which the nonimmigrant re-
mained in the United States without the authorization of
the Attorney General.
‘‘(B) A final order of deportation shall not be stayed
on the basis of a claim of good cause made under this sub-
section.
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‘‘(3) The Attorney General shall by regulation establish
procedures necessary to implement this section.’’.
(c) EFFECTIVE DATE.—Subsection (b) shall take effect
on the date of implementation of the automated entry-exit
control system described in section 201, or on the date that
is 2 years after the date of enactment of this Act, whichever
is earlier.
(d) AMENDMENTS TO TABLE OF CONTENTS.—The table
of contents of the Act is amended by inserting after the item
relating to section 274C the following:
‘‘Sec. 274D. Civil penalties for failure to depart.’’.
SEC. 144. CONDUCT OF PROCEEDINGS BY ELECTRONIC
MEANS.
Section 242(b) (8 U.S.C. 1252(b)) is amended by in-
serting at the end the following new sentences: ‘‘Nothing in
this subsection precludes the Attorney General from author-
izing proceedings by video electronic media, by telephone,
or, where a requirement for the alien’s appearance is
waived or the alien’s absence is agreed to by the parties,
in the absence of the alien. Contested full evidentiary hear-
ings on the merits may be conducted by telephone only with
the consent of the alien.’’.
SEC. 145. SUBPOENA AUTHORITY.
(a) EXCLUSION PROCEEDINGS.—Section 236(a) (8
U.S.C. 1226(a)) is amended in the first sentence by insert-
ing ‘‘issue subpoenas,’’ after ‘‘evidence,’’.
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(b) DEPORTATION PROCEEDINGS.—Section 242(b) (8
U.S.C. 1252(b)) is amended in the first sentence by insert-
ing ‘‘issue subpoenas,’’ after ‘‘evidence,’’.
SEC. 146. LANGUAGE OF DEPORTATION NOTICE; RIGHT TO
COUNSEL.
(a) LANGUAGE OF NOTICE.—Section 242B (8 U.S.C.
1252b) is amended in subsection (a)(3) by striking ‘‘under
this subsection’’ and all that follows through ‘‘(B)’’ and in-
serting ‘‘under this subsection’’.
(b) PRIVILEGE OF COUNSEL.—(1) Section 242B(b)(1)
(8 U.S.C. 1252b(b)(1)) is amended by inserting before the
period at the end the following: ‘‘, except that a hearing
may be scheduled as early as 3 days after the service of
the order to show cause if the alien has been continued in
custody subject to section 242’’.
(2) The parenthetical phrase in section 292 (8 U.S.C.
1362) is amended to read as follows: ‘‘(at no expense to the
Government or unreasonable delay to the proceedings)’’.
(3) Section 242B(b) (8 U.S.C. 1252b(b)) is further
amended by inserting at the end the following new para-
graph:
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this
subsection may be construed to prevent the Attorney
General from proceeding against an alien pursuant to
section 242 if the time period described in paragraph
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(1) has elapsed and the alien has failed to secure
counsel.’’.
SEC. 147. ADDITION OF NONIMMIGRANT VISAS TO TYPES OF
VISA DENIED FOR COUNTRIES REFUSING TO
ACCEPT DEPORTED ALIENS.
(a) IN GENERAL.—Section 243(g) (8 U.S.C. 1253(g))
is amended to read as follows:
‘‘(g)(1) If the Attorney General determines that any
country upon request denies or unduly delays acceptance
of the return of any alien who is a national, citizen, subject,
or resident thereof, the Attorney General shall notify the
Secretary of such fact, and thereafter, subject to paragraph
(2), neither the Secretary of State nor any consular officer
shall issue an immigrant or nonimmigrant visa to any na-
tional, citizen, subject, or resident of such country.
‘‘(2) The Secretary of State may waive the application
of paragraph (1) if the Secretary determines that such a
waiver is necessary to comply with the terms of a treaty
or international agreement or is in the national interest
of the United States.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to countries for which the Secretary
of State gives instructions to United States consular officers
on or after the date of the enactment of this Act.
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SEC. 148. AUTHORIZATION OF SPECIAL FUND FOR COSTS
OF DEPORTATION.
In addition to any other funds otherwise available in
any fiscal year for such purpose, there are authorized to
be appropriated to the Immigration and Naturalization
Service $10,000,000 for use without fiscal year limitation
for the purpose of—
(1) executing final orders of deportation pursu-
ant to sections 242 and 242A of the Immigration and
Nationality Act (8 U.S.C. 1252 and 1252a); and
(2) detaining aliens prior to the execution of
final orders of deportation issued under such sections.
SEC. 149. PILOT PROGRAM TO INCREASE EFFICIENCY IN RE-
MOVAL OF DETAINED ALIENS.
(a) AUTHORITY.—The Attorney General shall conduct
one or more pilot programs to study methods for increasing
the efficiency of deportation and exclusion proceedings
against detained aliens by increasing the availability of pro
bono counseling and representation for such aliens. Any
such pilot program may provide for administrative grants
to not-for-profit organizations involved in the counseling
and representation of aliens in immigration proceedings.
An evaluation component shall be included in any such
pilot program to test the efficiency and cost-effectiveness of
the services provided and the replicability of such programs
at other locations.
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(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Department of Justice
such sums as may be necessary to carry out the program
or programs described in subsection (a).
(c) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion may be construed as creating a right for any alien
to be represented in any exclusion or deportation proceeding
at the expense of the Government.
SEC. 150. LIMITATIONS ON RELIEF FROM EXCLUSION AND
DEPORTATION.
(a) LIMITATION.—Section 212(c) (8 U.S.C. 1182(c)) is
amended to read as follows:
‘‘(c)(1) Subject to paragraphs (2) through (5), an alien
who is and has been lawfully admitted for permanent resi-
dence for at least 5 years, who has resided in the United
States continuously for 7 years after having been lawfully
admitted, and who is returning to such residence after hav-
ing temporarily proceeded abroad voluntarily and not
under an order of deportation, may be admitted in the dis-
cretion of the Attorney General without regard to the provi-
sions of subsection (a) (other than paragraphs (3) and
(9)(C)).
‘‘(2) For purposes of this subsection, any period of con-
tinuous residence shall be deemed to end when the alien is
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placed in proceedings to exclude or deport the alien from
the United States.
‘‘(3) Nothing contained in this subsection shall limit
the authority of the Attorney General to exercise the discre-
tion authorized under section 211(b).
‘‘(4) Paragraph (1) shall not apply to an alien who
has been convicted of one or more aggravated felonies and
has been sentenced for such felony or felonies to a term or
terms of imprisonment totalling, in the aggregate, at least
5 years.
‘‘(5) This subsection shall apply only to an alien in
proceedings under section 236.’’.
(b) CANCELLATION OF DEPORTATION.—Section 244 (8
U.S.C. 1254) is amended to read as follows:
‘‘CANCELLATION OF DEPORTATION; ADJUSTMENT OF
STATUS; VOLUNTARY DEPARTURE
‘‘SEC. 244. (a) CANCELLATION OF DEPORTATION.—(1)
The Attorney General may, in the Attorney General’s dis-
cretion, cancel deportation in the case of an alien who is
deportable from the United States and—
‘‘(A) is, and has been for at least 5 years, a law-
ful permanent resident; has resided in the United
States continuously for not less than 7 years after
being lawfully admitted; and has not been convicted
of an aggravated felony or felonies for which the alien
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has been sentenced to a term or terms of imprison-
ment totaling, in the aggregate, at least 5 years;
‘‘(B) has been physically present in the United
States for a continuous period of not less than 7 years
since entering the United States; has been a person of
good moral character during such period; and estab-
lishes that deportation would result in extreme hard-
ship to the alien or the alien’s spouse, parent, or
child, who is a citizen or national of the United
States or an alien lawfully admitted for permanent
residence;
‘‘(C) has been physically present in the United
States for a continuous period of not less than three
years since entering the United States; has been bat-
tered or subjected to extreme cruelty in the United
States by a spouse or parent who is a United States
citizen or lawful permanent resident (or is the parent
of a child who is a United States citizen or lawful
permanent resident and the child has been battered or
subjected to extreme cruelty in the United States by
such citizen or permanent resident parent); has been
a person of good moral character during all of such
period in the United States; and establishes that de-
portation would result in extreme hardship to the
alien or the alien’s parent or child; or