(C) by striking ‘‘shall order’’ and all that 
follows through the period at the end and in-
serting ‘‘shall refer the alien to an immigration 
judge for a hearing.’’; 
(2) by redesignating clauses (ii) and (iii) as 
clauses (iii) and (iv), respectively; 
(3) by inserting after clause (i) the following: 
‘‘(ii) 
IMMIGRATION
JUDGE
HEAR-
ING.—If an immigration judge determines, 
based on a hearing, that an alien described 
in clause (i) is inadmissible under para-
graph (6)(C) or (7) of section 212(a), the 
judge shall order the alien removed from 
the United States without further hearing 
or review unless the alien indicates either 
an intention to apply for asylum under sec-
tion 208 or a fear of persecution.’’; 
(4) in clause (iii) (as so redesignated)—
(A) by striking ‘‘immigration officer’’ and 
inserting ‘‘immigration judge’’; 
(B) by striking ‘‘clause (iii)’’ and inserting 
‘‘clause (iv)’’; and 
(C) by striking ‘‘officer shall’’ and insert-
ing ‘‘judge shall’’; and
(5) in clause (iv) (as so redesignated), by strik-
ing ‘‘(i) and (ii)’’ and inserting ‘‘(i), (ii), and (iii)’’. 
SEC. 103. EQUITABLE DETERMINATION OF ‘‘CREDIBLE 
FEAR OF PERSECUTION’’ IN CASES INVOLV-
ING UNIQUE FACT PATTERNS. 
Section 235(b)(1)(B)(v) (8 U.S.C. 1225(b)(1)(B)(v)) 
is amended by adding at the end ‘‘Nothing in the pre-
ceding sentence shall be construed to preclude an alien 
from satisfying the standard in such sentence based upon 
a novel factual situation or a new legal argument.’’. 
Subtitle B—Judicial Review in 
Immigration Proceedings 
SEC. 111. JUDICIAL REVIEW OF ADMINISTRATIVE REM-
EDIES AND HABEAS CORPUS. 
Section 242 (8 U.S.C. 1252) is amended to read as 
follows: 
‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL
‘‘SEC. 242. (a) The procedure prescribed by, and all 
the provisions of chapter 158 of title 28, United States 
Code, shall apply to, and shall be the sole and exclusive 
procedure for, the judicial review of all final orders of re-
moval heretofore or hereafter made against aliens within 
the United States pursuant to administrative proceedings 
under section 240 or pursuant to section 238 of this Act 
or comparable provisions of any prior Act, except as fol-
lows:
‘‘(1) A petition for review may be filed not later 
than 90 days after the date of the issuance of the 
final removal order, or, in the case of an alien con-
victed of an aggravated felony (including an alien 
described in section 238) not later than 30 days 
after the issuance of such order. No alien shall be 
removed in the 90 day period (or in the 30 day pe-
riod in the case of aggravated felons) in which the 
alien may file a petition for review of a final removal 
order. 
‘‘(2) The venue of any petition for review under 
this section shall be in the judicial circuit in which 
the administrative proceedings before an immigra-
tion judge were conducted in whole or in part, or in 
the judicial circuit wherein is the residence, as de-
fined in this Act, of the petitioner, but not in more 
than one circuit. 
‘‘(3) The action shall be brought against the 
Immigration and Naturalization Service, as respond-
ent. Service of the petition to review shall be made 
upon the Attorney General of the United States and 
upon the official of the Immigration and Naturaliza-
tion Service in charge of the Service district in which 
the office of the clerk of the court is located. The 
service of the petition for review upon such official