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SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT
LAWFULLY IN THE UNITED STATES (REVISED
SECTION 236).
(a) IN GENERAL.—Section 236 (8 U.S.C. 1226) is
amended to read as follows:
‘‘APPREHENSION AND DETENTION OF ALIENS NOT
LAWFULLY IN THE UNITED STATES
‘‘SEC. 236. (a) ARREST, DETENTION,
AND RE-
LEASE.—On a warrant issued by the Attorney General,
an alien may be arrested and detained pending a decision
on whether the alien is to be removed from the United
States. Except as provided in subsection (c) and pending
such decision, the Attorney General—
‘‘(1) may continue to detain the arrested alien;
and
‘‘(2) may release the alien on—
‘‘(A) bond of at least $1,500 with security
approved by, and containing conditions pre-
scribed by, the Attorney General; or
‘‘(B) conditional parole; but
‘‘(3) may not provide the alien with work au-
thorization (including an ‘employment authorized’
endorsement or other appropriate work permit), un-
less the alien is lawfully admitted for permanent res-
idence or otherwise would (without regard to re-
moval proceedings) be provided such authorization.
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‘‘(b) REVOCATION OF BOND OR PAROLE.—The At-
torney General at any time may revoke a bond or parole
authorized under subsection (a), rearrest the alien under
the original warrant, and detain the alien.
‘‘(c) ALIENS CONVICTED
OF AGGRAVATED FELO-
NIES.—
‘‘(1) CUSTODY.—The Attorney General shall
take into custody any alien convicted of an aggra-
vated felony when the alien is released, without re-
gard to whether the alien is released on parole, su-
pervised release, or probation, and without regard to
whether the alien may be arrested or imprisoned
again for the same offense.
‘‘(2) RELEASE.—The Attorney General may re-
lease the alien only if—
‘‘(A) the alien was lawfully admitted to the
United States and satisfies the Attorney Gen-
eral that the alien will not pose a danger to the
safety of other persons or of property and is
likely to appear for any scheduled proceeding;
‘‘(B) the alien was not lawfully admitted to
the United States, cannot be removed because
the designated country of removal will not ac-
cept the alien, and satisfies the Attorney Gen-
eral that the alien will not pose a danger to the
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safety of other persons or of property and is
likely to appear for any scheduled proceeding;
or
‘‘(C) the Attorney General decides pursu-
ant to section 3521 of title 18, United States
Code, that release of the alien from custody is
necessary to provide protection to a witness, a
potential witness, a person cooperating with an
investigation into major criminal activity, or an
immediate family member or close associate of
a witness, potential witness, or person cooperat-
ing with such an investigation.
A decision relating to such release shall take place
in accordance with a procedure that considers the
severity of the offense committed by the alien.
‘‘(d) IDENTIFICATION OF ALIENS CONVICTED OF AG-
GRAVATED FELONIES.—(1) The Attorney General shall
devise and implement a system—
‘‘(A) to make available, daily (on a 24-hour
basis), to Federal, State, and local authorities the
investigative resources of the Service to determine
whether individuals arrested by such authorities for
aggravated felonies are aliens;
‘‘(B) to designate and train officers and em-
ployees of the Service to serve as a liaison to Fed-
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eral, State, and local law enforcement and correc-
tional agencies and courts with respect to the arrest,
conviction, and release of any alien charged with an
aggravated felony; and
‘‘(C) which uses computer resources to main-
tain a current record of aliens who have been con-
victed of an aggravated felony and who have been
removed.
‘‘(2) The record under paragraph (1)(C) shall be
made available—
‘‘(A) to inspectors at ports of entry and to bor-
der patrol agents at sector headquarters for pur-
poses of immediate identification of any such pre-
viously removed alien seeking to reenter the United
States, and
‘‘(B) to officials of the Department of State for
use in its automated visa lookout system.’’.
(b) INCREASE IN INS DETENTION FACILITIES.—
Subject to the availability of appropriations, the Attorney
General shall provide for an increase in the detention fa-
cilities of the Immigration and Naturalization Service to
at least 9,000 beds by fiscal year 1997.
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SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF RE-
MOVAL AND ADJUSTMENT OF STATUS; VOL-
UNTARY
DEPARTURE
(REVISED
AND
NEW
SECTIONS 239 TO 240C).
(a) IN GENERAL.—Chapter 4 of title II is amended—
(1) by redesignating section 239 as section 234
and by moving such section to immediately follow
section 233;
(2) by redesignating section 240 (8 U.S.C.
1230) as section 240C; and
(3) by inserting after section 238 the following
new sections:
‘‘INITIATION OF REMOVAL PROCEEDINGS
‘‘SEC. 239. (a) NOTICE TO APPEAR.—
‘‘(1)
IN
GENERAL.—In
removal
proceedings
under section 240, written notice (in this section re-
ferred to as a ‘notice to appear’) shall be given in
person to the alien (or, if personal service is not
practicable, through service by mail to the alien or
to the alien’s counsel of record, if any) specifying the
following:
‘‘(A) The nature of the proceedings against
the alien.
‘‘(B) The legal authority under which the
proceedings are conducted.
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‘‘(C) The acts or conduct alleged to be in
violation of law.
‘‘(D) The charges against the alien and the
statutory provisions alleged to have been vio-
lated.
‘‘(E) The alien may be represented by
counsel and the alien will be provided (A) a pe-
riod of time to secure counsel under subsection
(b)(1) and (B) a current list of counsel pre-
pared under subsection (b)(2).
‘‘(F)(i) The requirement that the alien
must immediately provide (or have provided)
the Attorney General with a written record of
an address and telephone number (if any) at
which the alien may be contacted respecting
proceedings under section 240.
‘‘(ii) The requirement that the alien must
provide the Attorney General immediately with
a written record of any change of the alien’s ad-
dress or telephone number.
‘‘(iii)
The
consequences
under
section
240(b)(5) of failure to provide address and tele-
phone information pursuant to this subpara-
graph.
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‘‘(G)(i) The time and place at which the
proceedings will be held.
‘‘(ii)
The
consequences
under
section
240(b)(5) of the failure, except under excep-
tional circumstances, to appear at such proceed-
ings.
‘‘(2) NOTICE OF CHANGE IN TIME OR PLACE OF
PROCEEDINGS.—
‘‘(A) IN GENERAL.—In removal proceed-
ings under section 240, in the case of any
change or postponement in the time and place
of such proceedings, subject to subparagraph
(B) a written notice shall be given in person to
the alien (or, if personal service is not prac-
ticable, through service by mail to the alien or
to the alien’s counsel of record, if any) specify-
ing—
‘‘(i) the new time or place of the pro-
ceedings, and
‘‘(ii) the consequences under section
240(b)(5) of failing, except under excep-
tional circumstances, to attend such pro-
ceedings.
‘‘(B) EXCEPTION.—In the case of an alien
not in detention, a written notice shall not be
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required under this paragraph if the alien has
failed to provide the address required under
paragraph (1)(F).
‘‘(3) CENTRAL ADDRESS FILES.—The Attorney
General shall create a system to record and preserve
on a timely basis notices of addresses and telephone
numbers (and changes) provided under paragraph
(1)(F).
‘‘(b) SECURING OF COUNSEL.—
‘‘(1) IN GENERAL.—In order that an alien be
permitted the opportunity to secure counsel before
the first hearing date in proceedings under section
240, the hearing date shall not be scheduled earlier
than 10 days after the service of the notice to ap-
pear, unless the alien requests in writing an earlier
hearing date.
‘‘(2) CURRENT LISTS OF COUNSEL.—The Attor-
ney General shall provide for lists (updated not less
often than quarterly) of persons who have indicated
their availability to represent pro bono aliens in pro-
ceedings under section 240. Such lists shall be pro-
vided
under
subsection
(a)(1)(E)
and
otherwise
made generally available.
‘‘(c) SERVICE BY MAIL.—Service by mail under this
section shall be sufficient if there is proof of attempted
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delivery to the last address provided by the alien in accord-
ance with subsection (a)(1)(F).
‘‘(d) PROMPT INITIATION OF REMOVAL.—(1) In the
case of an alien who is convicted of an offense which
makes the alien deportable, the Attorney General shall
begin any removal proceeding as expeditiously as possible
after the date of the conviction.
‘‘(2) Nothing in this subsection shall be construed to
create any substantive or procedural right or benefit that
is legally enforceable by any party against the United
States or its agencies or officers or any other person.
‘‘REMOVAL PROCEEDINGS
‘‘SEC. 240. (a) PROCEEDING.—
‘‘(1) IN GENERAL.—An immigration judge shall
conduct proceedings for deciding the inadmissibility
or deportability of an alien.
‘‘(2) CHARGES.—An alien placed in proceedings
under this section may be charged with any applica-
ble ground of inadmissibility under section 212(a) or
any applicable ground of deportability under section
237(a).
‘‘(3) EXCLUSIVE PROCEDURES.—Unless other-
wise specified in this Act, a proceeding under this
section shall be the sole and exclusive procedure for
determining whether an alien may be admitted to
the United States or, if the alien has been so admit-
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ted, removed from the United States. Nothing in
this section shall affect proceedings conducted pur-
suant to section 238.
‘‘(b) CONDUCT OF PROCEEDING.—
‘‘(1) AUTHORITY
OF
IMMIGRATION
JUDGE.—
The immigration judge shall administer oaths, re-
ceive evidence, and interrogate, examine, and cross-
examine the alien and any witnesses. The immigra-
tion judge may issue subpoenas for the attendance
of witnesses and presentation of evidence. The immi-
gration judge shall have authority (under regulations
prescribed by the Attorney General) to sanction by
civil money penalty any action (or inaction) in con-
tempt of the judge’s proper exercise of authority
under this Act.
‘‘(2) FORM OF PROCEEDING.—
‘‘(A) IN GENERAL.—The proceeding may
take place—
‘‘(i) in person,
‘‘(ii) through video conference, or
‘‘(iii) subject to subparagraph (B),
through telephone conference.
‘‘(B)
CONSENT
REQUIRED
IN
CERTAIN
CASES.—An evidentiary hearing on the merits
may only be conducted through a telephone con-
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ference with the consent of the alien involved
after the alien has been advised of the right to
proceed in person or through video conference.
‘‘(3) PRESENCE OF ALIEN.—If it is impractica-
ble by reason of an alien’s mental incompetency for
the alien to be present at the proceeding, the Attor-
ney General shall prescribe safeguards to protect the
rights and privileges of the alien.
‘‘(4) ALIENS RIGHTS IN PROCEEDING.—In pro-
ceedings under this section, under regulations of the
Attorney General—
‘‘(A) the alien shall have the privilege of
being represented, at no expense to the Govern-
ment, by counsel of the alien’s choosing who is
authorized to practice in such proceedings,
‘‘(B) the alien shall have a reasonable op-
portunity to examine the evidence against the
alien, to present evidence on the alien’s own be-
half, and to cross-examine witnesses presented
by the Government, and
‘‘(C) a complete record shall be kept of all
testimony and evidence produced at the pro-
ceeding.
‘‘(5)
CONSEQUENCES
OF
FAILURE
TO
AP-
PEAR.—
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‘‘(A) IN GENERAL.—Any alien who, after
written notice required under paragraph (1) or
(2) of section 239(a) has been provided to the
alien or the alien’s counsel of record, does not
attend a proceeding under this section, shall be
ordered removed in absentia if the Service es-
tablishes by clear, unequivocal, and convincing
evidence that the written notice was so provided
and that the alien is removable (as defined in
subsection (e)(2)). The written notice by the
Attorney General shall be considered sufficient
for purposes of this subparagraph if provided at
the most recent address provided under section
239(a)(1)(F).
‘‘(B) NO NOTICE IF FAILURE TO PROVIDE
ADDRESS
INFORMATION.—No
written
notice
shall be required under subparagraph (A) if the
alien has failed to provide the address required
under section 239(a)(1)(F).
‘‘(C) RESCISSION
OF
ORDER.—Such an
order may be rescinded only—
‘‘(i) upon a motion to reopen filed
within 180 days after the date of the order
of removal if the alien demonstrates that
the failure to appear was because of excep-
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tional circumstances (as defined in sub-
section (e)(1)), or
‘‘(ii) upon a motion to reopen filed at
any time if the alien demonstrates that the
alien did not receive notice in accordance
with paragraph (1) or (2) of section 239(a)
or the alien demonstrates that the alien
was in Federal or State custody and did
not appear through no fault of the alien.
The filing of the motion to reopen described in
clause (i) or (ii) shall stay the removal of the
alien pending disposition of the motion.
‘‘(D) EFFECT ON JUDICIAL REVIEW.—Any
petition for review under section 242 of an
order entered in absentia under this paragraph
shall
(except
in
cases
described
in
section
242(b)(5)) be confined to (i) the validity of the
notice provided to the alien, (ii) the reasons for
the alien’s not attending the proceeding, and
(iii) whether or not the alien is removable.
‘‘(6) TREATMENT OF FRIVOLOUS BEHAVIOR.—
The Attorney General shall, by regulation—
‘‘(A) define in a proceeding before an im-
migration judge or before an appellate adminis-
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trative body under this title, frivolous behavior
for which attorneys may be sanctioned,
‘‘(B)
specify
the
circumstances
under
which an administrative appeal of a decision or
ruling will be considered frivolous and will be
summarily dismissed, and
‘‘(C) impose appropriate sanctions (which
may include suspension and disbarment) in the
case of frivolous behavior.
Nothing in this paragraph shall be construed as lim-
iting the authority of the Attorney General to take
actions with respect to inappropriate behavior.
‘‘(7) LIMITATION
ON
DISCRETIONARY
RELIEF
FOR FAILURE TO APPEAR.—Any alien against whom
a final order of removal is entered in absentia under
this subsection and who, at the time of the notice
described in paragraph (1) or (2) of section 239(a),
was provided oral notice, either in the alien’s native
language or in another language the alien under-
stands, of the time and place of the proceedings and
of the consequences under this paragraph of failing,
other than because of exceptional circumstances (as
defined in subsection (e)(1)) to attend a proceeding
under this section, shall not be eligible for relief
under section 240A, 240B, 245, 248, or 249 for a
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period of 10 years after the date of the entry of the
final order of removal.
‘‘(c) DECISION AND BURDEN OF PROOF.—
‘‘(1) DECISION.—
‘‘(A) IN GENERAL.—At the conclusion of
the proceeding the immigration judge shall de-
cide whether an alien is removable from the
United States. The determination of the immi-
gration judge shall be based only on the evi-
dence produced at the hearing.
‘‘(B) CERTAIN MEDICAL DECISIONS.—If a
medical officer or civil surgeon or board of med-
ical officers has certified under section 232(b)
that an alien has a disease, illness, or addiction
which would make the alien inadmissible under
paragraph (1) of section 212(a), the decision of
the immigration judge shall be based solely
upon such certification.
‘‘(2) BURDEN
ON
ALIEN.—In the proceeding
the alien has the burden of establishing—
‘‘(A) if the alien is an applicant for admis-
sion, that the alien is clearly and beyond doubt
entitled to be admitted and is not inadmissible
under section 212; or
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‘‘(B) by clear and convincing evidence, that
the alien is lawfully present in the United
States pursuant to a prior admission.
In meeting the burden of proof under subparagraph
(B), the alien shall have access to the alien’s visa or
other entry document, if any, and any other records
and documents, not considered by the Attorney Gen-
eral to be confidential, pertaining to the alien’s ad-
mission or presence in the United States.
‘‘(3) BURDEN ON SERVICE IN CASES OF DE-
PORTABLE ALIENS.—In the proceeding the Service
has the burden of establishing by clear and convinc-
ing evidence that, in the case of an alien who has
been admitted to the United States, the alien is de-
portable. No decision on deportability shall be valid
unless it is based upon reasonable, substantial, and
probative evidence.
‘‘(4) NOTICE.—If the immigration judge de-
cides that the alien is removable and orders the alien
to be removed, the judge shall inform the alien of
the right to appeal that decision and of the con-
sequences for failure to depart under the order of re-
moval, including civil and criminal penalties.
‘‘(5) MOTIONS TO RECONSIDER.—
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‘‘(A) IN GENERAL.—The alien may file one
motion to reconsider a decision that the alien is
removable from the United States.
‘‘(B) DEADLINE.—The motion must be
filed within 30 days of the date of entry of a
final administrative order of removal.
‘‘(C) CONTENTS.—The motion shall speci-
fy the errors of law or fact in the previous order
and shall be supported by pertinent authority.
‘‘(6) MOTIONS TO REOPEN.—
‘‘(A) IN GENERAL.—An alien may file one
motion to reopen proceedings under this sec-
tion.
‘‘(B) CONTENTS.—The motion to reopen
shall state the new facts that will be proven at
a hearing to be held if the motion is granted,
and shall be supported by affidavits or other
evidentiary material.
‘‘(C) DEADLINE.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in this subparagraph, the motion to
reopen shall be filed within 90 days of the
date of entry of a final administrative
order of removal.
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‘‘(ii) ASYLUM.—There is no time limit
on the filing of a motion to reopen if the
basis of the motion is to apply for relief
under sections 208 or 241(b)(3) and is
based on changed country conditions aris-
ing in the country of nationality or the
country to which removal has been or-
dered, if such evidence is material and was
not available and would not have been dis-
covered or presented at the previous pro-
ceeding.
‘‘(iii) FAILURE
TO
APPEAR.—A mo-
tion to reopen may be filed within 180
days after the date of the final order of re-
moval if the order has been entered pursu-
ant to subsection (b)(5) due to the alien’s
failure to appear for proceedings under
this section and the alien establishes that
the alien’s failure to appear was because of
exceptional circumstances beyond the con-
trol of the alien or because the alien did
not receive the notice required under sec-
tion 239(a)(2).
‘‘(d) STIPULATED REMOVAL.—The Attorney General
shall provide by regulation for the entry by an immigration
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judge of an order of removal stipulated to by the alien
(or the alien’s representative) and the Service. A stipu-
lated order shall constitute a conclusive determination of
the alien’s removability from the United States.
‘‘(e) DEFINITIONS.—In this section and section
240A:
‘‘(1)
EXCEPTIONAL
CIRCUMSTANCES.—The
term ‘exceptional circumstances’ refers to excep-
tional circumstances (such as serious illness of the
alien or serious illness or death of the spouse, child,
or parent of the alien, but not including less compel-
ling circumstances) beyond the control of the alien.
‘‘(2)
REMOVABLE.—The
term
‘removable’
means—
‘‘(A) in the case of an alien not admitted
to the United States, that the alien is inadmis-
sible under section 212, or
‘‘(B) in the case of an alien admitted to
the United States, that the alien is deportable
under section 237.
‘‘CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS
‘‘SEC. 240A. (a) CANCELLATION OF REMOVAL FOR
CERTAIN PERMANENT RESIDENTS.—The Attorney Gen-
eral may cancel removal in the case of an alien who is
inadmissible or deportable from the United States if the
alien—
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‘‘(1) has been an alien lawfully admitted for
permanent residence for not less than 5 years,
‘‘(2) has resided in the United States continu-
ously for 7 years after having been admitted in any
status, and
‘‘(3) has not been convicted of an aggravated
felony or felonies for which the alien has been sen-
tenced, in the aggregate, to a term of imprisonment
of at least 5 years.
‘‘(b) CANCELLATION OF REMOVAL AND ADJUSTMENT
OF
STATUS
FOR
CERTAIN
NONPERMANENT
RESI-
DENTS.—
‘‘(1) IN GENERAL.—The Attorney General may
cancel removal in the case of an alien is deportable
from the United States if the alien—
‘‘(A) has been physically present in the
United States for a continuous period of not
less than 7 years since being admitted to the
United States;
‘‘(B) has been a person of good moral
character during such period;
‘‘(C) has not been convicted of an aggra-
vated felony; and
‘‘(D) establishes that removal would result
in extreme hardship to the alien or to the
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alien’s spouse, parent, or child, who is a citizen
of the United States or an alien lawfully admit-
ted for permanent residence.
‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR
CHILD.—The Attorney General may cancel removal
in the case of an alien who is inadmissible or deport-
able from the United States if the alien—
‘‘(A) has been battered or subjected to ex-
treme cruelty in the United States by a spouse
or parent who is a United States citizen or law-
ful permanent resident (or is the parent of a
child of a United States citizen or lawful per-
manent resident and the child has been bat-
tered or subjected to extreme cruelty in the
United States by such citizen or permanent
resident parent);
‘‘(B) has been physically present in the
United States for a continuous period of not
less than 3 years immediately preceding the
date of such application;
‘‘(C) has been a person of good moral
character during such period;
‘‘(D) is not inadmissible under paragraph
(2) or (3) of section 212(a), is not deportable
under paragraph (1)(G) or (2) through (4) of
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section 237, and has not been convicted of an
aggravated felony; and
‘‘(E) establishes that removal would result
in extreme hardship to the alien, the alien’s
child, or (in the case of an alien who is a child)
to the alien’s parent.
In acting on applications under this paragraph, the
Attorney General shall consider any credible evi-
dence relevant to the application. The determination
of what evidence is credible and the weight to be
given that evidence shall be within the sole discretion
of the Attorney General.
‘‘(3) ADJUSTMENT OF STATUS.—The Attorney
General may adjust to the status of an alien lawfully
admitted for permanent residence any alien who the
Attorney General determines meets the requirements
of paragraph (1) or (2). The Attorney General shall
record the alien’s lawful admission for permanent
residence as of the date the Attorney General’s can-
cellation of removal under paragraph (1) or (2) or
determination under this paragraph.
‘‘(c) ALIENS INELIGIBLE FOR RELIEF.—The provi-
sions of subsections (a) and (b)(1) shall not apply to any
of the following aliens:
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‘‘(1) An alien who entered the United States as
a crewman subsequent to June 30, 1964.
‘‘(2) An alien who was admitted to the United
States as a visitor for business or pleasure under
section 101(a)(15)(B) or as a student under section
101(a)(15)(F) or 101(a)(15)(M), unless the alien
has adjusted status to that of an alien lawfully ad-
mitted for permanent residence.
‘‘(3) An alien who was admitted to the United
States as a nonimmigrant exchange alien as defined
in section 101(a)(15)(J), or has acquired the status
of such a nonimmigrant exchange alien after admis-
sion, in order to receive graduate medical education
or training, regardless of whether or not the alien is
subject to or has fulfilled the two-year foreign resi-
dence requirement of section 212(e).
‘‘(4) An alien who—
‘‘(i) was admitted to the United States as
a nonimmigrant exchange alien as defined in
section 101(a)(15)(J) or has acquired the sta-
tus of such a nonimmigrant exchange alien
after admission other than to receive graduate
medical education or training,
‘‘(ii) is subject to the two-year foreign resi-
dence requirement of section 212(e), and
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‘‘(iii) has not fulfilled that requirement or
received a waiver thereof.
‘‘(5) An alien who is inadmissible under section
212(a)(3) or deportable under subparagraph (B) or
(D) of section 237(a)(4).
‘‘(d) SPECIAL RULES RELATING
TO CONTINUOUS
RESIDENCE OR PHYSICAL PRESENCE.—
‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—
For purposes of this section, any period of continu-
ous residence or continuous physical presence in the
United States shall be deemed to end when the alien
is served a notice to appear under section 239(a).
‘‘(2)
TREATMENT
OF
CERTAIN
BREAKS
IN
PRESENCE.—An alien shall be considered to have
failed to maintain continuous physical presence in
the United States under subsections (b)(1) and
(b)(2) if the alien has departed from the United
States for any continuous period exceeding 90 days
or for any periods in the aggregate exceeding 180
days.
‘‘(3) CONTINUITY NOT REQUIRED BECAUSE OF
HONORABLE SERVICE IN ARMED FORCES AND PRES-
ENCE
UPON
ENTRY
INTO
SERVICE.—The require-
ments of continuous residence or continuous physical
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presence in the United States under subsections (a)
and (b) shall not apply to an alien who—
‘‘(A) has served for a minimum period of
24 months in an active-duty status in the
Armed Forces of the United States and, if sep-
arated from such service, was separated under
honorable conditions, and
‘‘(B) at the time of the alien’s enlistment
or induction was in the United States.
‘‘VOLUNTARY DEPARTURE
‘‘SEC. 240B. (a) CERTAIN CONDITIONS.—
‘‘(1) IN GENERAL.—The Attorney General may
permit an alien voluntarily to depart the United
States at the alien’s own expense under this sub-
section, in lieu of being subject to proceedings under
section 240 or prior to the completion of such pro-
ceedings, if the alien is not deportable under section
237(a)(2)(A)(iii) or section 237(a)(4)(B).
‘‘(2) PERIOD.—Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 120 days.
‘‘(3) BOND.—The Attorney General may re-
quire an alien permitted to depart voluntarily under
this subsection to post a voluntary departure bond,
to be surrendered upon proof that the alien has de-
parted the United States within the time specified.
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‘‘(4) TREATMENT OF ALIENS ARRIVING IN THE
UNITED STATES.—In the case of an alien who is ar-
riving in the United States and with respect to
whom proceedings under section 240 are (or would
otherwise be) initiated at the time of such alien’s ar-
rival, paragraph (1) shall not apply. Nothing in this
paragraph shall be construed as preventing such an
alien from withdrawing the application for admission
in accordance with section 235(a)(4).
‘‘(b) AT CONCLUSION OF PROCEEDINGS.—
‘‘(1) IN GENERAL.—The Attorney General may
permit an alien voluntarily to depart the United
States at the alien’s own expense if, at the conclu-
sion of a proceeding under section 240, the immigra-
tion judge enters an order granting voluntary depar-
ture in lieu of removal and finds that—
‘‘(A) the alien has been physically present
in the United States for a period of at least one
year immediately preceding the date the notice
to appear was served under section 239(a);
‘‘(B) the alien is, and has been, a person
of good moral character for at least 5 years im-
mediately preceding the alien’s application for
voluntary departure;
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‘‘(C) the alien is not deportable under sec-
tion 237(a)(2)(A)(iii) or section 237(a)(4); and
‘‘(D) the alien has established by clear and
convincing evidence that the alien has the
means to depart the United States and intends
to do so.
‘‘(2) PERIOD.—Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 60 days.
‘‘(3) BOND.—An alien permitted to depart vol-
untarily under this subsection shall be required to
post a voluntary departure bond, in an amount nec-
essary to ensure that the alien will depart, to be sur-
rendered upon proof that the alien has departed the
United States within the time specified.
‘‘(c) ALIENS NOT ELIGIBLE.—The Attorney General
shall not permit an alien to depart voluntarily under this
section if the alien was previously permitted to so depart
after
having
been
found
inadmissible
under
section
212(a)(9).
‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—
If an alien is permitted to depart voluntarily under this
section and fails voluntarily to depart the United States
within the time period specified, the alien shall be subject
to a civil penalty of not less than $1,000 and not more
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than $5,000, and be ineligible for a period of 10 years
for any further relief under this section and sections 240A,
245, 248, and 249.
‘‘(e) ADDITIONAL CONDITIONS.—The Attorney Gen-
eral may by regulation limit eligibility for voluntary depar-
ture under this section for any class or classes of aliens.
‘‘(f) APPEALS OF DENIALS.—An alien may appeal
from denial of a request for an order of voluntary depar-
ture under subsection (b) in accordance with the proce-
dures in section 242. Notwithstanding the pendency of
such appeal, the alien shall be removable from the United
States 60 days after entry of the order of removal. The
alien’s removal from the United States shall not moot the
appeal.’’.
(b) REPEAL OF SECTION 212(c).—Section 212(c) (8
U.S.C. 1182(c)) is repealed.
SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED
REMOVED (NEW SECTION 241).
(a) IN GENERAL.—Title II is further amended—
(1) by striking section 237 (8 U.S.C. 1227),
(2) by redesignating section 241 as section 237
and by moving such section to immediately follow
section 236, and
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(3) by inserting after section 240C (as redesig-
nated by section 304(a)(2)) the following new sec-
tion:
‘‘DETENTION AND REMOVAL OF ALIENS ORDERED
REMOVED
‘‘SEC. 241. (a) DETENTION, RELEASE,
AND RE-
MOVAL OF ALIENS ORDERED REMOVED.—
‘‘(1) REMOVAL PERIOD.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this section, when an alien is or-
dered removed, the Attorney General shall re-
move the alien from the United States within a
period of 90 days (in this section referred to as
the ‘removal period’).
‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of the follow-
ing:
‘‘(i) The date the order of removal be-
comes administratively final.
‘‘(ii) If the removal order is judicially
reviewed and such review serves to stay the
removal of the alien, the date of the court’s
final order.
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
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ess), the date the alien is released from de-
tention or confinement.
‘‘(C) SUSPENSION
OF
PERIOD.—The re-
moval period shall be extended beyond a period
of 90 days and the alien may remain in deten-
tion during such extended period if the alien
willfully fails or refuses to make timely applica-
tion in good faith for travel or other documents
necessary to the alien’s departure or conspires
or acts to prevent the alien’s removal subject to
an order of removal.
‘‘(2) DETENTION AND RELEASE BY THE ATTOR-
NEY GENERAL.—During the removal period, the At-
torney General shall detain the alien. If there is in-
sufficient detention space to detain the alien, the At-
torney General shall make a specific finding to this
effect and may release the alien on a bond contain-
ing such conditions as the Attorney General may
prescribe.
‘‘(3) SUPERVISION AFTER 90-DAY PERIOD.—If
the alien does not leave or is not removed within the
removal period, the alien, pending removal, shall be
subject to supervision under regulations prescribed
by the Attorney General. The regulations shall in-
clude provisions requiring the alien—
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‘‘(A) to appear before an immigration offi-
cer periodically for identification;
‘‘(B) to submit, if necessary, to a medical
and psychiatric examination at the expense of
the United States Government;
‘‘(C) to give information under oath about
the alien’s nationality, circumstances, habits,
associations, and activities, and other informa-
tion the Attorney General considers appro-
priate; and
‘‘(D) to obey reasonable written restric-
tions on the alien’s conduct or activities that
the Attorney General prescribes for the alien.
‘‘(4) ALIENS IMPRISONED, ARRESTED, OR ON
PAROLE, SUPERVISED RELEASE, OR PROBATION.—
Except as provided in section 343(a) of the Public
Health Service Act (42 U.S.C. 259(a)), the Attorney
General may not remove an alien who is sentenced
to imprisonment until the alien is released from im-
prisonment. Parole, supervised release, probation, or
possibility of arrest or further imprisonment is not
a reason to defer removal.
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS
AGAINST ALIENS ILLEGALLY REENTERING.—If the
Attorney General finds that an alien has reentered
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the United States illegally after having been removed
or having departed voluntarily, under an order of re-
moval, the prior order of removal is reinstated from
its original date and is not subject to being reopened
or reviewed, and the alien shall be removed under
the prior order at any time after the reentry.
‘‘(6) INADMISSIBLE ALIENS.—An alien ordered
removed who is inadmissible under section 212 may
be detained beyond the removal period and, if re-
leased, shall be subject to the terms of supervision
in paragraph (3).
‘‘(7) EMPLOYMENT AUTHORIZATION.—No alien
ordered removed shall be eligible to receive author-
ization to be employed in the United States unless
the Attorney General makes a specific finding that—
‘‘(A) the alien cannot be removed due to
the refusal of all countries designated by the
alien or under this section to receive the alien,
or
‘‘(B) the removal of the alien is otherwise
impracticable or contrary to the public interest.
‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE RE-
MOVED.—
‘‘(1)
ALIENS
ARRIVING
AT
THE
UNITED
STATES.—Subject to paragraph (3)—
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‘‘(A) IN GENERAL.—Except as provided by
subparagraphs (B) and (C), an alien who ar-
rives at the United States and with respect to
whom proceedings under section 240 were initi-
ated at the time of such alien’s arrival shall be
removed to the country in which the alien
boarded the vessel or aircraft on which the alien
arrived in the United States.
‘‘(B) TRAVEL FROM CONTIGUOUS TERRI-
TORY.—If the alien boarded the vessel or air-
craft 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 terri-
tory contiguous to the United States, and the
alien is not a native, citizen, subject, or national
of, or does not reside in, the territory or island,
removal shall be to the country in which the
alien boarded the vessel that transported the
alien to the territory or island.
‘‘(C) ALTERNATIVE
COUNTRIES.—If the
government of the country designated in sub-
paragraph (A) or (B) is unwilling to accept the
alien into that country’s territory, removal shall
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be to any of the following countries, as directed
by the Attorney General:
‘‘(i) The country of which the alien is
a citizen, subject, or national.
‘‘(ii) The country in which the alien
was born.
‘‘(iii) The country in which the alien
has a residence.
‘‘(iv) A country with a government
that will accept the alien into the country’s
territory if removal to each country de-
scribed in a previous clause of this sub-
paragraph is impracticable, inadvisable, or
impossible.
‘‘(2) OTHER
ALIENS.—Subject to paragraph
(3)—
‘‘(A)
SELECTION
OF
COUNTRY
BY
ALIEN.—Except as otherwise provided in this
paragraph—
‘‘(i) any alien not described in para-
graph (1) who has been ordered removed
may designate one country to which the
alien wants to be removed, and
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‘‘(ii) the Attorney General shall re-
move the alien to the country the alien so
designates.
‘‘(B) LIMITATION
ON
DESIGNATION.—An
alien may designate under subparagraph (A)(i)
a foreign territory contiguous to the United
States, an adjacent island, or an island adja-
cent to a foreign territory contiguous to the
United States as the place to which the alien is
to be removed only if the alien is a native, citi-
zen, subject, or national of, or has resided in,
that designated territory or island.
‘‘(C) DISREGARDING
DESIGNATION.—The
Attorney General may disregard a designation
under subparagraph (A)(i) if—
‘‘(i) the alien fails to designate a
country promptly;
‘‘(ii) the government of the country
does not inform the Attorney General fi-
nally, within 1 month after the date the
Attorney General first inquires, whether
the government will accept the alien into
the country;
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‘‘(iii) the government of the country is
not willing to accept the alien into the
country; or
‘‘(iv) the Attorney General decides
that removing the alien to the country is
prejudicial to the United States.
‘‘(D) ALTERNATIVE COUNTRY.—If an alien
is not removed to a country designated under
subparagraph (A)(i), the Attorney General shall
remove the alien to a country of which the alien
is a subject, national, or citizen unless the gov-
ernment of the country—
‘‘(i) does not inform the Attorney
General
or
the
alien
finally,
within
month after the date the Attorney General
first inquires or within another period of
time the Attorney General decides is rea-
sonable, whether the government will ac-
cept the alien into the country; or
‘‘(ii) is not willing to accept the alien
into the country.
‘‘(E) ADDITIONAL REMOVAL COUNTRIES.—
If an alien is not removed to a country under
the previous subparagraphs of this paragraph,
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the Attorney General shall remove the alien to
any of the following countries:
‘‘(i) The country from which the alien
was admitted to the United States.
‘‘(ii) The country in which is located
the foreign port from which the alien left
for the United States or for a foreign terri-
tory contiguous to the United States.
‘‘(iii) A country in which the alien re-
sided before the alien entered the country
from which the alien entered the United
States.
‘‘(iv) The country in which the alien
was born.
‘‘(v) The country that had sovereignty
over the alien’s birthplace when the alien
was born.
‘‘(vi) The country in which the alien’s
birthplace is located when the alien is or-
dered removed.
‘‘(vii) If impracticable, inadvisable, or
impossible to remove the alien to each
country described in a previous clause of
this subparagraph, another country whose
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government will accept the alien into that
country.
‘‘(F) REMOVAL
COUNTRY
WHEN
UNITED
STATES IS AT WAR.—When the United States is
at war and the Attorney General decides that it
is impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this sub-
section because of the war, the Attorney Gen-
eral may remove the alien—
‘‘(i) to the country that is host to a
government in exile of the country of which
the alien is a citizen or subject if the gov-
ernment of the host country will permit the
alien’s entry; or
‘‘(ii) if the recognized government of
the country of which the alien is a citizen
or subject is not in exile, to a country, or
a political or territorial subdivision of a
country, that is very near the country of
which the alien is a citizen or subject, or,
with the consent of the government of the
country of which the alien is a citizen or
subject, to another country.
‘‘(c) REMOVAL OF ALIENS ARRIVING AT PORT OF
ENTRY.—
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HR 2202 RH
‘‘(1) VESSELS AND AIRCRAFT.—An alien arriv-
ing at a port of entry of the United States who is
ordered removed either without a hearing under sec-
tion 235(a)(1) or 235(c) or pursuant to proceedings
under section 240 initiated at the time of such
alien’s arrival shall be removed immediately on a
vessel or aircraft owned by the owner of the vessel
or aircraft on which the alien arrived in the United
States, unless—
‘‘(A) it is impracticable to remove the alien
on one of those vessels or aircraft within a rea-
sonable time, or
‘‘(B) the alien is a stowaway—
‘‘(i) who has been ordered removed in
accordance with section 235(a)(1),
‘‘(ii) who has requested asylum, and
‘‘(iii) whose application has not been
adjudicated or whose asylum application
has been denied but who has not exhausted
all appeal rights.
‘‘(2) STAY OF REMOVAL.—
‘‘(A) IN GENERAL.—The Attorney General
may stay the removal of an alien under this
subsection
if
the
Attorney
General
decides
that—
Title III, Subtitle A
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‘‘(i) immediate removal is not prac-
ticable or proper; or
‘‘(ii) the alien is needed to testify in
the prosecution of a person for a violation
of a law of the United States or of any
State.
‘‘(B) PAYMENT OF DETENTION COSTS.—
During the period an alien is detained because
of
a
stay
of
removal
under
subparagraph
(A)(ii), the Attorney General may pay from the
appropriation ‘Immigration and Naturalization
Service—Salaries and Expenses’—
‘‘(i) the cost of maintenance of the
alien; and
‘‘(ii) a witness fee of $1 a day.
‘‘(C) RELEASE DURING STAY.—The Attor-
ney General may release an alien whose removal
is stayed under subparagraph (A)(ii) on—
‘‘(i) the alien’s filing a bond of at
least $500 with security approved by the
Attorney General;
‘‘(ii) condition that the alien appear
when required as a witness and for re-
moval; and
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‘‘(iii) other conditions the Attorney
General may prescribe.
‘‘(3) COSTS OF DETENTION AND MAINTENANCE
PENDING REMOVAL.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B) and paragraph (4), an owner
of a vessel or aircraft bringing an alien to the
United States shall pay the costs of detaining
and maintaining the alien—
‘‘(i) while the alien is detained under
subsection (d)(1), and
‘‘(ii) in the case of an alien who is a
stowaway, while the alien is being detained
pursuant
to
subsection
(d)(2)(A)
or
(d)(2)(B)(ii).
‘‘(B)
NONAPPLICATION.—Subparagraph
(A) shall not apply if—
‘‘(i) the alien is a crewmember;
‘‘(ii) the alien has an immigrant visa;
‘‘(iii) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States and applies for admis-
sion not later than 120 days after the date
the visa or documentation was issued;
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‘‘(iv) the alien has a reentry permit
and applies for admission not later than
120 days after the date of the alien’s last
inspection and admission;
‘‘(v)(I) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States or a reentry permit;
‘‘(II) the alien applies for admission
more than 120 days after the date the visa
or documentation was issued or after the
date of the last inspection and admission
under the reentry permit; and
‘‘(III) the owner of the vessel or air-
craft satisfies the Attorney General that
the existence of the condition relating to
inadmissibility could not have been discov-
ered by exercising reasonable care before
the alien boarded the vessel or aircraft; or
‘‘(vi) the individual claims to be a na-
tional of the United States and has a Unit-
ed States passport.
‘‘(d)
REQUIREMENTS
OF
PERSONS
PROVIDING
TRANSPORTATION.—
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HR 2202 RH
‘‘(1)
REMOVAL
AT
TIME
OF
ARRIVAL.—An
owner, agent, master, commanding officer, person in
charge, purser, or consignee of a vessel or aircraft
bringing an alien (except an alien crewmember) to
the United States shall—
‘‘(A) receive an alien back on the vessel or
aircraft or another vessel or aircraft owned or
operated by the same interests if the alien is or-
dered removed under this part; and
‘‘(B) take the alien to the foreign country
to which the alien is ordered removed.
‘‘(2) ALIEN
STOWAWAYS.—An owner, agent,
master, commanding officer, charterer, or consignee
of a vessel or aircraft arriving in the United States
with an alien stowaway—
‘‘(A) shall detain the alien on board the
vessel or aircraft;
‘‘(B) may not permit the stowaway to land
in the United States, except pursuant to regula-
tions of the Attorney General temporarily—
‘‘(i) for medical treatment,
‘‘(ii) for detention of the stowaway by
the Attorney General, or
‘‘(iii) for departure or removal of the
stowaway; and
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‘‘(C) if ordered by an immigration officer,
shall remove the stowaway on the vessel or air-
craft or on another vessel or aircraft.
‘‘(3)
REMOVAL
UPON
ORDER.—An
owner,
agent,
master,
commanding
officer,
person
in
charge, purser, or consignee of a vessel, aircraft, or
other transportation line shall comply with an order
of the Attorney General to take on board, guard
safely, and transport to the destination specified any
alien ordered to be removed under this Act.
‘‘(e) PAYMENT OF EXPENSES OF REMOVAL.—
‘‘(1) COSTS OF REMOVAL AT TIME OF ARRIV-
AL.—In the case of an alien who is a stowaway or
who is ordered removed either without a hearing
under section 235(a)(1) or 235(c) or pursuant to
proceedings under section 240 initiated at the time
of such alien’s arrival, the owner of the vessel or air-
craft (if any) on which the alien arrived in the Unit-
ed States shall pay the transportation cost of remov-
ing the alien. If removal is on a vessel or aircraft not
owned by the owner of the vessel or aircraft on
which the alien arrived in the United States, the At-
torney General may—
Title III, Subtitle A
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‘‘(A) pay the cost from the appropriation
‘Immigration and Naturalization Service—Sala-
ries and Expenses’; and
‘‘(B) recover the amount of the cost in a
civil action from the owner, agent, or consignee
of the vessel or aircraft (if any) on which the
alien arrived in the United States.
‘‘(2) COSTS OF REMOVAL TO PORT OF REMOVAL
FOR ALIENS ADMITTED OR PERMITTED TO LAND.—
In the case of an alien who has been admitted or
permitted to land and is ordered removed, the cost
(if any) of removal of the alien to the port of re-
moval shall be at the expense of the appropriation
for the enforcement of this Act.
‘‘(3) COSTS OF REMOVAL FROM PORT OF RE-
MOVAL FOR ALIENS ADMITTED OR PERMITTED TO
LAND.—
‘‘(A) THROUGH
APPROPRIATION.—Except
as provided in subparagraph (B), in the case of
an alien who has been admitted or permitted to
land and is ordered removed, the cost (if any)
of removal of the alien from the port of removal
shall be at the expense of the appropriation for
the enforcement of this Act.
‘‘(B) THROUGH OWNER.—
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Title III, Subtitle A
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‘‘(i) IN GENERAL.—In the case of an
alien described in clause (ii), the cost of re-
moval of the alien from the port of removal
may be charged to any owner of the vessel,
aircraft, or other transportation line by
which the alien came to the United States.
‘‘(ii) ALIENS
DESCRIBED.—An alien
described in this clause is an alien who—
‘‘(I) is admitted to the United
States (other than lawfully admitted
for permanent residence) and is or-
dered removed within 5 years of the
date of admission based on a ground
that existed before or at the time of
admission, or
‘‘(II) is an alien crewman per-
mitted to land temporarily under sec-
tion 252 and is ordered removed with-
in 5 years of the date of landing.
‘‘(C) COSTS
OF
REMOVAL
OF
CERTAIN
ALIENS GRANTED VOLUNTARY DEPARTURE.—In
the case of an alien who has been granted vol-
untary departure under section 240B and who
is financially unable to depart at the alien’s own
expense and whose removal the Attorney Gen-
101
Title III, Subtitle A
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eral deems to be in the best interest of the
United States, the expense of such removal may
be paid from the appropriation for the enforce-
ment of this Act.
‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING
REMOVAL.—
‘‘(1) IN GENERAL.—If the Attorney General be-
lieves that an alien being removed requires personal
care because of the alien’s mental or physical condi-
tion, the Attorney General may employ a suitable
person for that purpose who shall accompany and
care for the alien until the alien arrives at the final
destination.
‘‘(2) COSTS.—The costs of providing the service
described in paragraph (1) shall be defrayed in the
same manner as the expense of removing the accom-
panied alien is defrayed under this section.
‘‘(g) PLACES OF DETENTION.—The Attorney Gen-
eral shall arrange for appropriate places of detention for
aliens detained pending removal or a decision on removal.
When United States Government facilities are unavailable
or facilities adapted or suitably located for detention are
unavailable for rental, the Attorney General may expend
from the appropriation ‘Immigration and Naturalization
Service—Salaries and Expenses’, without regard to sec-
102
Title III, Subtitle A
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tion 3709 of the Revised Statutes (41 U.S.C. 5), amounts
necessary to acquire land and to acquire, build, remodel,
repair, and operate facilities (including living quarters for
immigration officers if not otherwise available) necessary
for detention.’’.
(b) MODIFICATION OF AUTHORITY.—
(1) Section 241(h), as redesignated by section
306(a)(1) of this Act, is amended—
(A) in paragraph (3)(A), by inserting ‘‘or
two or more misdemeanors’’ after ‘‘a felony’’,
and
(B) by adding at the end the following new
paragraph:
‘‘(6) In this subsection, the term ‘incarceration’
includes imprisonment in a State or local prison or
jail the time of which is counted towards completion
of a sentence.’’.
(2) The amendments made by paragraph (1)
shall apply beginning with fiscal year 1996.
SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SEC-
TION 242).
(a) IN GENERAL.—Section 242 (8 U.S.C. 1252) is
amended—
(1) by redesignating subsection (j) as sub-
section (h) and by moving such subsection and add-
103
Title III, Subtitle A
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ing it at the end of section 241, as amended by sec-
tion 305(a)(3); and
(2) by amending the remainder of section 242
to read as follows:
‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL
‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—
‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial
review of a final order of removal (other than an
order of removal without a hearing pursuant to sec-
tion 235(b)(1)) is governed only by chapter 158 of
title 28 of the United States Code, except as pro-
vided in subsection (b) and except that the court
may not order the taking of additional evidence
under section 2347(c) of such title.
‘‘(2) LIMITATIONS
ON
REVIEW
RELATING
TO
SECTION 235(b)(1).—Notwithstanding any other pro-
vision of law, no court shall have jurisdiction to re-
view—
‘‘(A) except as provided in subsection (f),
any individual determination or to entertain any
other cause or claim arising from or relating to
the implementation or operation of an order of
removal pursuant to section 235(b)(1),
‘‘(B) a decision by the Attorney General to
invoke the provisions of such section,
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‘‘(C) the application of such section to in-
dividual
aliens,
including
the
determination
made under section 235(b)(1)(B), or
‘‘(D) procedures and policies adopted by
the Attorney General to implement the provi-
sions of section 235(b)(1).
‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No
alien shall have a right to appeal from a decision of
an immigration judge which is based solely on a cer-
tification described in section 240(c)(1)(B).
‘‘(b) REQUIREMENTS FOR ORDERS OF REMOVAL.—
With respect to review of an order of removal under sub-
section (a)(1), the following requirements apply:
‘‘(1) DEADLINE.—The petition for review must
be filed not later than 30 days after the date of the
final order of removal.
‘‘(2) VENUE AND FORMS.—The petition for re-
view shall be filed with the court of appeals for the
judicial circuit in which the immigration judge com-
pleted the proceedings. The record and briefs do not
have to be printed. The court of appeals shall review
the proceeding on a typewritten record and on type-
written briefs.
‘‘(3) SERVICE.—
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Title III, Subtitle A
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‘‘(A) IN GENERAL.—The respondent is the
Attorney General. The petition shall be served
on the Attorney General and on the officer or
employee of the Service in charge of the Service
district in which the initial proceedings under
section 240 were conducted.
‘‘(B) STAY OF ORDER.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), service of the petition
on the officer or employee stays the re-
moval of an alien pending the court’s deci-
sion on the petition, unless the court or-
ders otherwise.
‘‘(ii) EXCEPTION.—If the alien has
been convicted of an aggravated felony, or
the alien has been ordered removed pursu-
ant to a finding that the alien is inadmis-
sible under section 212, service of the peti-
tion does not stay the removal unless the
court orders otherwise.
‘‘(4) DECISION.—Except as provided in para-
graph (5)(B)—
‘‘(A) the court of appeals shall decide the
petition only on the administrative record on
which the order of removal is based,
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‘‘(B) the administrative findings of fact are
conclusive if supported by reasonable, substan-
tial, and probative evidence on the record con-
sidered as a whole, and
‘‘(C) a decision that an alien is not eligible
for admission to the United States is conclusive
unless manifestly contrary to law.
‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—
‘‘(A) COURT DETERMINATION IF NO ISSUE
OF FACT.—If the petitioner claims to be a na-
tional of the United States and the court of ap-
peals finds from the pleadings and affidavits
that no genuine issue of material fact about the
petitioner’s nationality is presented, the court
shall decide the nationality claim.
‘‘(B) TRANSFER
IF
ISSUE
OF
FACT.—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 district
court of the United States for the judicial dis-
trict in which the petitioner resides for a new
hearing on the nationality claim and a decision
on that claim as if an action had been brought
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in the district court under section 2201 of title
28, United States Code.
‘‘(C) LIMITATION ON DETERMINATION.—
The petitioner may have such nationality claim
decided only as provided in this paragraph.
‘‘(6) CONSOLIDATION
WITH
REVIEW
OF
MO-
TIONS TO REOPEN OR RECONSIDER.—When a peti-
tioner seeks review of an order under this section,
any review sought of a motion to reopen or recon-
sider the order shall be consolidated with the review
of the order.
‘‘(7) CHALLENGE TO VALIDITY OF ORDERS IN
CERTAIN CRIMINAL PROCEEDINGS.—
‘‘(A) IN GENERAL.—If the validity of an
order of removal has not been judicially de-
cided, a defendant in a criminal proceeding
charged with violating section 243(a) may chal-
lenge the validity of the order in the criminal
proceeding only by filing a separate motion be-
fore trial. The district court, without a jury,
shall decide the motion before trial.
‘‘(B) CLAIMS OF UNITED STATES NATION-
ALITY.—If the defendant claims in the motion
to be a national of the United States and the
district court finds that—
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‘‘(i) no genuine issue of material fact
about the defendant’s nationality is pre-
sented, the court shall decide the motion
only on the administrative record on which
the removal order is based and the admin-
istrative findings of fact are conclusive if
supported by reasonable, substantial, and
probative evidence on the record considered
as a whole; or
‘‘(ii) a genuine issue of material fact
about the defendant’s nationality is pre-
sented, 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.
The defendant may have such nationality claim
decided only as provided in this subparagraph.
‘‘(C) CONSEQUENCE OF INVALIDATION.—
If the district court rules that the removal order
is invalid, the court shall dismiss the indictment
for violation of section 243(a). The United
States Government may appeal the dismissal to
the court of appeals for the appropriate circuit
within 30 days after the date of the dismissal.
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‘‘(D) LIMITATION
ON
FILING
PETITIONS
FOR
REVIEW.—The defendant in a criminal
proceeding under section 243(a) may not file a
petition for review under subsection (a) during
the criminal proceeding.
‘‘(8) CONSTRUCTION.—This subsection—
‘‘(A) does not prevent the Attorney Gen-
eral, after a final order of removal has been is-
sued, from detaining the alien under section
241(a);
‘‘(B) does not relieve the alien from com-
plying
with
section
241(a)(4)
and
section
243(g); and
‘‘(C) except as provided in paragraph (3),
does not require the Attorney General to defer
removal of the alien.
‘‘(c) REQUIREMENTS FOR PETITION.—A petition for
review or for habeas corpus of an order of removal shall
state whether a court has upheld the validity of the order,
and, if so, shall state the name of the court, the date of
the court’s ruling, and the kind of proceeding.
‘‘(d) REVIEW OF FINAL ORDERS.—A court may re-
view a final order of removal only if—
‘‘(1) the alien has exhausted all administrative
remedies available to the alien as of right, and
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‘‘(2) another court has not decided the validity
of the order, unless the reviewing court finds that
the petition presents grounds that could not have
been presented 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.
‘‘(e) LIMITED REVIEW FOR NON-PERMANENT RESI-
DENTS CONVICTED OF AGGRAVATED FELONIES.—
‘‘(1) IN GENERAL.—A petition for review filed
by an alien against whom a final order of removal
has been issued under section 238 may challenge
only whether—
‘‘(A) the alien is the alien described in the
order,
‘‘(B) the alien is an alien described in sec-
tion 238(b)(2) and has been convicted after
entry into the United States of an aggravated
felony, and
‘‘(C) proceedings against the alien com-
plied with section 238(b)(4).
‘‘(2) LIMITED JURISDICTION.—A court review-
ing the petition has jurisdiction only to review the is-
sues described in paragraph (1).
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‘‘(f) JUDICIAL REVIEW OF ORDERS UNDER SECTION
235(b)(1).—
‘‘(1) APPLICATION.—The provisions of this sub-
section apply with respect to judicial review of or-
ders of removal effected under section 235(b)(1).
‘‘(2) LIMITATIONS ON RELIEF.—Regardless of
the nature of the action or claim and regardless of
the identity of the party or parties bringing the ac-
tion, no court shall have jurisdiction or authority to
enter declaratory, injunctive, or other equitable relief
not specifically authorized in this subsection, or to
certify a class under Rule 23 of the Federal Rules
of Civil Procedure.
‘‘(3) LIMITATION TO HABEAS CORPUS.—Judi-
cial review of any matter cause, claim, or individual
determination made or arising under or pertaining
to section 235(b)(1) shall only be available in habeas
corpus proceedings, and shall be limited to deter-
minations of—
‘‘(A) whether the petitioner is an alien,
‘‘(B) whether the petitioner was ordered
removed under such section, and
‘‘(C) whether the petitioner can prove by a
preponderance of the evidence that the peti-
tioner is an alien lawfully admitted for perma-
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nent residence and is entitled to such further
inquiry as prescribed by the Attorney General
pursuant to section 235(b)(1)(C).
‘‘(4) DECISION.—In any case where the court
determines that the petitioner—
‘‘(A) is an alien who was not ordered re-
moved under section 235(b)(1), or
‘‘(B) has demonstrated by a preponderance
of the evidence that the alien is a lawful perma-
nent resident,
the court may order no remedy or relief other than
to require that the petitioner be provided a hearing
in accordance with section 240. Any alien who is
provided a hearing under section 240 pursuant to
this paragraph may thereafter obtain judicial review
of any resulting final order of removal pursuant to
subsection (a)(1).
‘‘(5)
SCOPE
OF
INQUIRY.—In
determining
whether an alien has been ordered removed under
section 235(b)(1), the court’s inquiry shall be limited
to whether such an order in fact was issued and
whether it relates to the petitioner. There shall be
no review of whether the alien is actually inadmis-
sible or entitled to any relief from removal.
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‘‘(g) LIMIT ON INJUNCTIVE RELIEF.—Regardless of
the nature of the action or claim or of the identity of the
party or parties bringing the action, no court (other than
the Supreme Court) shall have jurisdiction or authority
to enjoin or restrain the operation of the provisions of
chapter 4 of title II, as amended by the Immigration in
the National Interest Act of 1995, other than with respect
to the application of such provisions to an individual alien
against whom proceedings under such chapter have been
initiated.’’.
(b) REPEAL
OF SECTION 106.—Section 106 (8
U.S.C. 1105a) is repealed.
SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED
SECTION 243).
(a) IN GENERAL.—Section 243 (8 U.S.C. 1253) is
amended to read as follows:
‘‘PENALTIES RELATED TO REMOVAL
‘‘SEC. 243. ‘‘(a) PENALTY FOR FAILURE TO DE-
PART.—
‘‘(1) IN GENERAL.—Any alien against whom a
final order of removal is outstanding by reason of
being a member of any of the classes described in
section 237(a), who—
‘‘(A) willfully fails or refuses to depart
from the United States within a period of 90
days from the date of the final order of removal
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under administrative processes, or if judicial re-
view is had, then from the date of the final
order of the court,
‘‘(B) willfully fails or refuses to make time-
ly application in good faith for travel or other
documents necessary to the alien’s departure,
‘‘(C) connives or conspires, or takes any
other action, designed to prevent or hamper or
with the purpose of preventing or hampering
the alien’s departure pursuant to such, or
‘‘(D) willfully fails or refuses to present
himself or herself for removal at the time and
place required by the Attorney General pursu-
ant to such order,
shall be fined under title 18, United States Code, or
imprisoned not more than four years (or 10 years if
the alien is a member of any of the classes described
in paragraph (1)(E), (2), (3), or (4) of section
237(a)), or both.
‘‘(2) EXCEPTION.—It is not a violation of para-
graph (1) to take any proper steps for the purpose
of securing cancellation of or exemption from such
order of removal or for the purpose of securing the
alien’s release from incarceration or custody.
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‘‘(3) SUSPENSION.—The court may for good
cause suspend the sentence of an alien under this
subsection and order the alien’s release under such
conditions as the court may prescribe. In determin-
ing whether good cause has been shown to justify re-
leasing the alien, the court shall take into account
such factors as—
‘‘(A) the age, health, and period of deten-
tion of the alien;
‘‘(B) the effect of the alien’s release upon
the national security and public peace or safety;
‘‘(C) the likelihood of the alien’s resuming
or following a course of conduct which made or
would make the alien deportable;
‘‘(D) the character of the efforts made by
such alien himself and by representatives of the
country or countries to which the alien’s re-
moval is directed to expedite the alien’s depar-
ture from the United States;
‘‘(E) the reason for the inability of the
Government of the United States to secure
passports, other travel documents, or removal
facilities from the country or countries to which
the alien has been ordered removed; and
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‘‘(F) the eligibility of the alien for discre-
tionary relief under the immigration laws.
‘‘(b) WILLFUL FAILURE TO COMPLY WITH TERMS OF
RELEASE UNDER SUPERVISION.—An alien who shall will-
fully fail to comply with regulations or requirements issued
pursuant to section 241(a)(3) or knowingly give false in-
formation in response to an inquiry under such section
shall be fined not more than $1,000 or imprisoned for not
more than one year, or both.
‘‘(c) PENALTIES RELATING TO VESSELS AND AIR-
CRAFT.—
‘‘(1) CIVIL PENALTIES.—
‘‘(A) FAILURE
TO
CARRY
OUT
CERTAIN
ORDERS.—If the Attorney General is satisfied
that a person has violated subsection (d) or (e)
of section 241, the person shall pay to the Com-
missioner the sum of $2,000 for each violation.
‘‘(B) FAILURE TO REMOVE ALIEN STOW-
AWAYS.—If the Attorney General is satisfied
that a person has failed to remove an alien
stowaway as required under section 241(d)(2),
the person shall pay to the Commissioner the
sum of $5,000 for each alien stowaway not re-
moved.
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‘‘(C)
NO
COMPROMISE.—The
Attorney
General may not compromise the amount of
such penalty under this paragraph.
‘‘(2) CLEARING VESSELS AND AIRCRAFT.—
‘‘(A) CLEARANCE
BEFORE
DECISION
ON
LIABILITY.—A vessel or aircraft may be grant-
ed clearance before a decision on liability is
made under paragraph (1) only if a bond ap-
proved by the Attorney General or an amount
sufficient to pay the civil penalty is deposited
with the Commissioner.
‘‘(B) PROHIBITION ON CLEARANCE WHILE
PENALTY
UNPAID.—A vessel or aircraft may
not be granted clearance if a civil penalty im-
posed under paragraph (1) is not paid.
‘‘(d) DISCONTINUING GRANTING VISAS TO NATION-
ALS OF COUNTRY DENYING OR DELAYING ACCEPTING
ALIEN.—On being notified by the Attorney General that
the government of a foreign country denies or unreason-
ably delays accepting an alien who is a citizen, subject,
national, or resident of that country after the Attorney
General asks whether the government will accept the alien
under this section, the Secretary of State shall order con-
sular officers in that foreign country to discontinue grant-
ing immigrant visas or nonimmigrant visas, or both, to
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citizens, subjects, nationals, and residents of that country
until the Attorney General notifies the Secretary that the
country has accepted the alien.’’.
SEC.
308.
REDESIGNATION
AND
REORGANIZATION
OF
OTHER PROVISIONS; ADDITIONAL CONFORM-
ING AMENDMENTS.
(a) CONFORMING AMENDMENT TO TABLE OF CON-
TENTS; OVERVIEW OF REORGANIZED CHAPTERS.—The
table of contents, as amended by section 815(d)(1), is
amended—
(1) by striking the item relating to section 106,
and
(2) by striking the item relating to chapter 4 of
title II and all that follows through the item relating
to section 244A and inserting the following:
‘‘CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND
REMOVAL
‘‘Sec. 231.
Lists of alien and citizen passengers arriving or departing; record
of resident aliens and citizens leaving permanently for foreign
country.
‘‘Sec. 232.
Detention of aliens for physical and mental examination.
‘‘Sec. 233.
Entry through or from foreign contiguous territory and adjacent
islands; landing stations.
‘‘Sec. 234.
Designation of ports of entry for aliens arriving by civil aircraft.
‘‘Sec. 235.
Inspection by immigration officers; expedited removal of inadmis-
sible arriving aliens; referral for hearing.
‘‘Sec. 236.
Apprehension and detention of aliens not lawfully in the United
States.
‘‘Sec. 237.
General classes of deportable aliens.
‘‘Sec. 238.
Expedited removal of aliens convicted of committing aggravated
felonies.
‘‘Sec. 239.
Initiation of removal proceedings.
‘‘Sec. 240.
Removal proceedings.
‘‘Sec. 240A. Cancellation of removal; adjustment of status.
‘‘Sec. 240B. Voluntary departure.
‘‘Sec. 240C. Records of admission.
‘‘Sec. 241.
Detention and removal of aliens ordered removed.
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‘‘Sec. 242.
Judicial review of orders of removal.
‘‘Sec. 243.
Penalties relating to removal.
‘‘Sec. 244.
Temporary protected status.
‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.
(b) REORGANIZATION
OF OTHER PROVISIONS.—
Chapters 4 and 5 of title II are amended as follows:
(1)
AMENDING
CHAPTER
HEADING.—Amend
the heading for chapter 4 of title II to read as fol-
lows:
‘‘CHAPTER 4—INSPECTION, APPREHENSION,
EXAMINATION, EXCLUSION, AND REMOVAL’’.
(2) REDESIGNATING SECTION 232 AS SECTION
232(a).—Amend section 232 (8 U.S.C. 1222)—
(A)
by
inserting
‘‘(a)
DETENTION
OF
ALIENS.—’’ after ‘‘SEC. 232.’’, and
(B) by amending the section heading to
read as follows:
‘‘DETENTION OF ALIENS FOR PHYSICAL AND MENTAL
EXAMINATION’’.
(3) REDESIGNATING SECTION 234 AS SECTION
232(b).—Amend section 234 (8 U.S.C. 1224)—
(A) by striking the heading,
(B) by striking ‘‘SEC. 234.’’ and inserting
the following: ‘‘(b) PHYSICAL AND MENTAL EX-
AMINATION.—’’, and
(C) by moving such provision to the end of
section 232.
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(4) REDESIGNATING SECTION 238 AS SECTION
233.—Redesignate section 238 (8 U.S.C. 1228) as
section 233 and move the section to immediately fol-
low section 232.
(5) REDESIGNATING SECTION 240 AS SECTION
234A.—Redesignate section 240 (8 U.S.C. 1230) as
section 234A and move the section to immediately
follow section 233.
(6) REDESIGNATING SECTION 242A AS SECTION
238.—Redesignate
section
242A
as
section
238,
strike ‘‘DEPORTATION’’ in its heading and insert
‘‘REMOVAL’’, and move the section to immediately
follow
section
237
(as
redesignated
by
section
305(2)).
(7) STRIKING
SECTION
242B.—Strike section
242B (8 U.S.C. 1252b).
(8) REDESIGNATING SECTION 244A AS SECTION
244.—Strike section 244 and redesignate section
244A as section 244.
(9)
AMENDING
CHAPTER
HEADING.—Amend
the heading for chapter 5 of title II to read as fol-
lows:
‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.
(c) ADDITIONAL CONFORMING AMENDMENTS.—
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Title III, Subtitle A
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(1)
EXPEDITED
PROCEDURES
FOR
AGGRA-
VATED
FELONS
(FORMER
SECTION
242A).—Section
238 (which, previous to redesignation under section
308(b)(6), was section 242A) is amended—
(A) in subsection (a)(1), by striking ‘‘sec-
tion 242’’ and inserting ‘‘section 240’’;
(B) in subsection (a)(2), by striking ‘‘sec-
tion 242(a)(2)’’ and inserting ‘‘section 236(b)’’;
and
(C) in subsection (b)(1), by striking ‘‘sec-
tion 241(a)(2)(A)(iii)’’ and inserting ‘‘section
237(a)(2)(A)(iii)’’.
(2)
TREATMENT
OF
CERTAIN
HELPLESS
ALIENS.—
(A)
CERTIFICATION
OF
HELPLESS
ALIENS.—Section 232, as amended by section
308(b), is further amended by adding at the
end the following new subsection:
‘‘(c)
CERTIFICATION
OF
CERTAIN
HELPLESS
ALIENS.—If an examining medical officer determines that
an alien arriving in the United States is inadmissible, is
helpless from sickness or mental and physical disability,
or infancy, and is accompanied by another alien whose
protection or guardianship may be required, the officer
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may certify such fact for purposes of applying section
212(a)(9)(B) with respect to the other alien.’’.
(B)
GROUND
OF
INADMISSIBILITY
FOR
PROTECTION
AND
GUARDIANSHIP
OF
ALIENS
DENIED
ADMISSION
FOR
HEALTH
OR
IN-
FANCY.—Subparagraph
(B)
of
section
212(a)(9) (8 U.S.C. 1182(a)(9)) is amended to
read as follows:
‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY
HELPLESS ALIEN.—Any alien—
‘‘(i)
who
is
accompanying
another
alien who is inadmissible and who is cer-
tified to be helpless from sickness or men-
tal or physical disability or infancy pursu-
ant to section 232(c), and
‘‘(ii) whose protection or guardianship
is determined to be required by the alien
described in clause (i),
is inadmissible.’’.
(3) CONTINGENT CONSIDERATION IN RELATION
TO REMOVAL OF ALIENS.—Section 273(a) (8 U.S.C.
1323(a)) is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’, and
(B) by adding at the end the following new
paragraph:
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‘‘(2) It is unlawful for an owner, agent, master, com-
manding officer, person in charge, purser, or consignee of
a vessel or aircraft who is bringing an alien (except an
alien crewmember) to the United States to take any con-
sideration to be kept or returned contingent on whether
an alien is admitted to, or ordered removed from, the
United States.’’.
(4)
CLARIFICATION.—(A)
Section
238(a)(1),
which,
previous
to
redesignation
under
section
308(b)(6), was section 242A(a)(1), is amended by
adding at the end the following: ‘‘Nothing in this
section shall be construed to create any substantive
or procedural right or benefit that is legally enforce-
able by any party against the United States or its
agencies or officers or any other person.’’.
(B) Section 225 of the Immigration and Na-
tionality Technical Corrections Act of 1994 (Public
Law 103–416), as amended by section 815(b), is
amended by striking ‘‘and nothing in’’ and all that
follows up to ‘‘shall’’.
(d) ADDITIONAL CONFORMING AMENDMENTS RE-
LATING TO EXCLUSION AND INADMISSIBILITY.—
(1)
SECTION
212.—Section
212
(8
U.S.C.
1182(a)) is amended—
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(A)
in
the
heading,
by
striking
‘‘EX-
CLUDED
FROM’’
and
inserting
‘‘INELIGIBLE
FOR’’;
(B) in the matter in subsection (a) before
paragraph (1), by striking all that follows ‘‘(a)’’
and
inserting
the
following:
‘‘CLASSES
OF
ALIENS INELIGIBLE
FOR VISAS
OR ADMIS-
SION.—Except as otherwise provided in this
Act, aliens who are inadmissible under the fol-
lowing paragraphs are ineligible to receive visas
and ineligible to be admitted to the United
States:’’;
(C) in subsection (a), by striking ‘‘is ex-
cludable’’ and inserting ‘‘is inadmissible’’ each
place it appears;
(D) in subsections (a)(5)(C), (d)(1), (k),
by striking ‘‘exclusion’’ and inserting ‘‘inadmis-
sibility’’;
(E) in subsections (b), (d)(3), (h)(1)(A)(i),
and (k), by striking ‘‘excludable’’ each place it
appears and inserting ‘‘inadmissible’’;
(F) in subsection (b)(2), by striking ‘‘and
ineligible for entry’’;
(G) in subsection (d)(7), by striking ‘‘ex-
cluded from’’ and inserting ‘‘denied’’; and
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(H) in subsection (h)(1)(B), by striking
‘‘exclusion’’ and inserting ‘‘denial of admis-
sion’’.
(2)
SECTION
241.—Section
241
(8
U.S.C.
1251), before redesignation as section 237 by section
305(2), is amended—
(A) in subsection (a)(1)(H), by striking
‘‘excludable’’ and inserting ‘‘inadmissible’’;
(B) in subsection (a)(4)(C)(ii), by striking
‘‘excludability’’ and inserting ‘‘inadmissibility’’;
and
(C) in subsections (c) and (h), by striking
‘‘exclusion’’ and inserting ‘‘inadmissibility’’.
(3) OTHER GENERAL REFERENCES.—The fol-
lowing provisions are amended by striking ‘‘exclud-
ability’’ and ‘‘excludable’’ each place each appears
and inserting ‘‘inadmissibility’’ and ‘‘inadmissible’’,
respectively:
(A)
Sections
101(f)(3),
213,
234,
241(a)(1)
(before
redesignation
by
section
305(2)),
272(a),
277,
286(h)(2)(A)(v),
and
286(h)(2)(A)(vi) and the last sentence of sec-
tion 208(a) (as added by section 332(a)).
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(B)
Sections
304(c)(1)(A)(i),
304(c)(1)(A)(ii), and 601(c) of the Immigration
Act of 1990.
(C) Section 128 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993
(Public Law 102–138).
(D) Section 1073 of the National Defense
Authorization Act for Fiscal Year 1995 (Public
Law 103–337).
(E) Section 221 of the Immigration and
Nationality Technical Corrections Act of 1994
(Public Law 103–416).
(4) RELATED TERMS.—
(A)
Section
101(a)(17)
(8
U.S.C.
1101(a)(17)) is amended by striking ‘‘or expul-
sion’’ and inserting ‘‘expulsion, or removal’’.
(B)
Section
102
(8
U.S.C.
1102)
is
amended by striking ‘‘exclusion or deportation’’
and inserting ‘‘removal’’.
(C)
Section
103(c)(2)
(8
U.S.C.
1103(c)(2)) is amended by striking ‘‘been ex-
cluded or deported’’ and inserting ‘‘not been ad-
mitted or have been removed’’.
(D)
Section
206
(8
U.S.C.
1156)
is
amended by striking ‘‘excluded from admission
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Title III, Subtitle A
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to the United States and deported’’ and insert-
ing ‘‘denied admission to the United States and
removed’’.
(E) Section 216(f) (8 U.S.C. 1186a) is
amended by striking ‘‘exclusion’’ and inserting
‘‘inadmissibility’’.
(F) Section 217 (8 U.S.C. 1187) is amend-
ed by striking ‘‘excluded from admission’’ and
inserting ‘‘denied admission at the time of ar-
rival’’ each place it appears.
(G) Section 221(f) (8 U.S.C. 1201) is
amended by striking ‘‘exclude’’ and inserting
‘‘deny admission to’’.
(H) Section 232(a) (8 U.S.C. 1222(a)), as
redesignated by subsection (b)(2), is amended
by striking ‘‘excluded by’’ and ‘‘the excluded
classes’’ and inserting ‘‘inadmissible under’’ and
‘‘inadmissible classes’’, respectively.
(I)(i) Section 272 (8 U.S.C. 1322) is
amended—
(I) by striking ‘‘EXCLUSION’’ in the
heading and inserting ‘‘DENIAL OF ADMIS-
SION’’,
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(I) Section 130007(a) of the Violent Crime
Control and Law Enforcement Act of 1994
(Public Law 103–322), as amended by section
815(a)(8), is amended by striking ‘‘242A(a)(3)’’
and inserting ‘‘238(a)(3)’’.
(J)(i) Section 214(l)(2), as added
by section 822(c), is amended by strik-
ing 
‘‘241(a)(1)(C)’’ 
and 
inserting
‘‘237(a)(1)(C)’’.
(ii) Section 218A(c)(8)(B), as in-
serted by section 823(a), is amended
by striking ‘‘deportation under sec-
tion 241(a)(1)(C)(i)’’ and inserting ‘‘re-
moval under section 237(a)(1)(C)(i)’’.
SEC. 309. EFFECTIVE DATES; TRANSITION.
(a) IN GENERAL.—Except as provided in this section,
this subtitle and the amendments made by this subtitle
shall take effect on the first day of the first month begin-
ning more than 180 days after the date of the enactment
of this Act (in this title referred to as the ‘‘title III–A
effective date’’).
(b) PROMULGATION OF REGULATIONS.—The Attor-
ney General shall first promulgate regulations to carry out
this subtitle by not later than 1 month before the title
III–A effective date.
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Title III, Subtitle A
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(c) TRANSITION FOR ALIENS IN PROCEEDINGS.—
(1) GENERAL RULE THAT NEW RULES DO NOT
APPLY.—Subject to the succeeding provisions of this
subsection, in the case of an alien who is in exclu-
sion or deportation proceedings as of the title III–
A effective date—
(A) the amendments made by this subtitle
shall not apply, and
(B) the proceedings (including judicial re-
view thereof) shall continue to be conducted
without regard to such amendments.
(2) ATTORNEY GENERAL OPTION TO ELECT TO
APPLY NEW PROCEDURES.—In a case described in
paragraph (1) in which an evidentiary hearing under
section 236 or 242 and 242B of the Immigration
and Nationality Act has not commenced as of the
title III–A effective date, the Attorney General may
elect to proceed under chapter 4 of title II of such
Act (as amended by this subtitle). The Attorney
General shall provide notice of such election to the
alien involved not later than 30 days before the date
any evidentiary hearing is commenced. If the Attor-
ney General makes such election, the notice of hear-
ing provided to the alien under section 235 or
242(a) of such Act shall be valid as if provided
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Title III, Subtitle A
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under section 239 of such Act (as amended by this
subtitle) to confer jurisdiction on the immigration
judge.
(3) ATTORNEY
GENERAL
OPTION
TO
TERMI-
NATE AND REINITIATE PROCEEDINGS.—In the case
described in paragraph (1), the Attorney General
may elect to terminate proceedings in which there
has not been a final administrative decision and to
reinitiate proceedings under chapter 4 of title II the
Immigration and Nationality Act (as amended by
this subtitle). Any determination in the terminated
proceeding shall not be binding in the reinitiated
proceeding.
(4) TRANSITIONAL CHANGES IN JUDICIAL RE-
VIEW.—In the case described in paragraph (1) in
which a final order of exclusion or deportation is en-
tered more than 30 days after the date of the enact-
ment of this Act, notwithstanding any provision of
section 106 of the Immigration and Nationality Act
(as in effect as of the date of the enactment of this
Act) to the contrary—
(A) in the case of judicial review of a final
order of exclusion, subsection (b) of such sec-
tion shall not apply and the action for judicial
review shall be governed by the provisions of
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Title V, Subtitle D
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(1) IN GENERAL.—Subject to paragraph (2),
any petition filed before October 1, 1996, and ap-
proved on any date, to accord status under section
203(b)(1)(A),
203(b)(1)(B),
203(b)(1)(C),
203(b)(2),
203(b)(3)(A)(i),
203(b)(3)(A)(ii),
203(b)(4), or 203(b)(5) of the Immigration and Na-
tionality Act (as in effect before such date) shall be
deemed, on and after October 1, 1996 (or, if later,
the date of such approval), to be a petition approved
to
accord
status
under
section
203(b)(1),
203(b)(2)(B),
203(b)(2)(C),
203(b)(2)(B),
203(b)(3)(B), 203(b)(3)(C), 203(b)(5), or 203(b)(4),
respectively, of such Act (as in effect on and after
such date). Nothing in this paragraph shall be con-
strued as exempting the beneficiaries of such peti-
tions from the numerical limitations under section
203(b) of such Act (as amended by section 513).
(2) TIME
LIMITATION.—Paragraph (1) shall
not apply more than two years after the date the
priority date for issuance of a visa on the basis of
such a petition has been reached.
(c) ADMISSIBILITY STANDARDS.—When an immi-
grant, in possession of an unexpired immigrant visa issued
before October 1, 1996, makes application for admission,
the immigrant’s admissibility under paragraph (7)(A) of