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(2) to be represented by counsel as provided in section 6333 of this
title.
(c) PRESENTATION OF EVIDENCE.—The immigration judge shall admin-
ister oaths, present and receive evidence, and interrogate, examine, and
cross-examine the alien and witnesses.
(d) BURDEN
OF PROOF.—An individual seeking to enter the United
States has the burden of proving that the individual is not subject to exclu-
sion.
(e) RECORD OF PROCEEDING.—A complete record of the proceeding, in-
cluding the testimony and evidence produced at the proceeding, shall be
kept.
(f) DECISIONS.—(1) The decision of an immigration judge in a proceed-
ing under this section shall be based only on the evidence produced at the
proceeding. If a medical officer, private physician, or board of medical offi-
cers has certified under section 6104 of this title that the alien has a condi-
tion described in section 6302(a) of this title, the decision of the immigra-
tion judge shall be based only on the certification.
(2) A decision of an immigration judge on whether to exclude an alien
is final unless reversed on appeal to the Attorney General under section
6332 of this title. An alien who has a right to appeal under section 6332
shall be informed of that right.
§ 6332. Administrative appeals
(a) APPEALS BY ALIENS.—An alien may appeal to the Attorney General
an order of an immigration judge excluding the alien, except when the alien
is—
(1) a stowaway;
(2) excluded temporarily under section 6103(e) of this title; or
(3) excluded based on a certification under section 6104 of this title.
(b) APPEALS BY IMMIGRATION OFFICERS.—The immigration officer in
charge of the port at which a proceeding under section 6331 of this title
is conducted may appeal to the Attorney General an order of an immigra-
tion judge admitting an alien.
(c) TIME FOR APPEAL AND STAY OF ACTIONS.—An appeal under this
section must be timely. The appeal stays final action in the proceeding until
the Attorney General makes a final decision.
(d) DECISIONS.—Except as provided in section 6103(e) of this title, the
Attorney General shall decide the appeal based only on the evidence in the
proceeding before the immigration judge.
§ 6333. Right to counsel
In an exclusion proceeding before an immigration judge and in an appeal
before the Attorney General from an exclusion proceeding, an alien is enti-
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tled to be represented, at no cost to the United States Government, by the
alien’s choice of counsel authorized to practice in the proceeding or appeal.
§ 6334. Judicial review
(a) JUDICIAL REVIEW.—An alien may obtain judicial review of a final
order of exclusion only by a habeas corpus proceeding and only if—
(1) the alien has exhausted all administrative remedies available to
the alien as of right under the immigration laws and regulations;
(2) the alien has remained in the United States after the order was
issued; and
(3) the validity of the order has not been decided in a prior judicial
proceeding, unless the reviewing court finds that the petition for habeas
corpus presents grounds that could not have been presented in the
prior proceeding or that the remedy provided by the prior proceeding
was inadequate or ineffective to test the validity of the order.
(b) CONTENTS OF PETITIONS.—A petition for habeas corpus shall state
whether the validity of the order of exclusion has been upheld in a prior
judicial proceeding, and, if so, shall state the name of the court, the date
of the court’s ruling, and the nature of the proceeding.
§ 6335. Deportation of excluded aliens
(a) IMMEDIATE DEPORTATION.—Except as provided in subsection (d) of
this section, an alien (except an alien crewmember) arriving in the United
States who is excluded under this title shall be immediately deported.
(b) PLACE OF DEPORTATION.—(1) Except as provided in paragraphs (2)
and (3) of this subsection, deportation under this section shall be to the
country in which the alien boarded the vessel or aircraft on which the alien
arrived in the United States.
(2) If the alien boarded the vessel or aircraft on which the alien arrived
in the United States in a foreign territory contiguous to the United States,
an island adjacent to the United States, or an island adjacent to a foreign
territory contiguous to the United States, and the alien is not a native, citi-
zen, subject, or national of, or does not reside in, the territory or island,
deportation shall be to the country in which the alien boarded the vessel
or aircraft that transported the alien to the territory or island.
(3) If the government of the country designated in paragraph (1) or (2)
of this subsection is unwilling to accept the alien into that country’s terri-
tory, deportation shall be to any of the following countries, as directed by
the Attorney General:
(A) the country of which the alien is a citizen, subject, or national.
(B) the country in which the alien was born.
(C) the country in which the alien has a residence.