mines that one of the exceptions in clauses (i) through
(v) of paragraph (2)(A) applies to the spouse or child.’’.
SEC. 5. BAR TO ADJUSTMENT OF STATUS OF REFUGEES
FOR SERIOUS HUMAN RIGHTS ABUSERS.
Section 209(c) of the Immigration and Nationality
Act (8 U.S.C. 1159(c)) is amended by inserting ‘‘or
(2)(G)’’ after ‘‘(2)(C)’’.
SEC. 6. EXCEPTION TO RESTRICTION ON REMOVAL FOR SE-
RIOUS HUMAN RIGHTS ABUSERS AND TER-
RORISTS.
Section 241(b)(3)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1231(b)(3)(B)) is amended—
(1) in the matter preceding clause (i), by strik-
ing ‘‘section 237(a)(4)(D)’’ and inserting ‘‘subpara-
graph (B) or (D) of section 237(a)(4)’’; and
(2) by amending clause (i) to read as follows:
‘‘(i) the alien is a serious human
rights abuser;’’.
SEC. 7. BAR TO FINDING OF GOOD MORAL CHARACTER FOR
SERIOUS HUMAN RIGHTS ABUSERS.
Section 101(f) of the Immigration and Nationality
Act (8 U.S.C. 1101(f)) is amended by inserting after para-
graph (1) the following:
‘‘(2) a serious human rights abuser;’’.
SEC. 8. BAR TO CANCELLATION OF REMOVAL FOR SERIOUS
HUMAN RIGHTS ABUSERS.
Section 240A(c)(4) of the Immigration and Nation-
ality Act (8 U.S.C. 2339b(c)(4)) is amended—
(1) by striking ‘‘section 212(a)(3)’’ and insert-
ing ‘‘paragraph (2)(G) or (3) of section 212(a)’’;
and
(2) by striking ‘‘section 237(a)(4).’’ and insert-
ing ‘‘paragraph (4) or (7) of section 237(a).’’.
SEC. 9. BAR TO ADJUSTMENT OF STATUS WITH RESPECT
TO CERTAIN SPECIAL IMMIGRANTS.
Section 245(h)(2)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1255(h)(2)(B)) is amended by insert-
ing ‘‘(2)(G),’’ before ‘‘(3)(A)’’.
SEC. 10. CRIMINAL PENALTIES FOR REENTRY FOR RE-
MOVED SERIOUS HUMAN RIGHTS ABUSERS.
Section 276(b) of the Immigration and Nationality
Act (8 U.S.C. 1326(b)) is amended—
(1) in paragraph (3), by striking ‘‘sentence. or’’
and inserting ‘‘sentence;’’;
(2) in paragraph (4), by striking the period at
the end and inserting ‘‘; or’’; and
(3) by inserting after paragraph (4) the fol-
lowing:
‘‘(5) who was removed from the United States
pursuant to section 212(a)(2)(G) or 237(a)(7), and
who thereafter, without the permission of the Attor-
ney General, enters, attempts to enter, or is at any
time found in, the United States shall be fined
under title 18, United States Code, imprisoned not
more than 10 years, or both.’’.
SEC. 11. AIDING OR ASSISTING SERIOUS HUMAN RIGHTS
ABUSERS TO ENTER THE UNITED STATES.
Section 277 of the Immigration and Nationality Act
(8 U.S.C. 1327) is amended by striking ‘‘felony)’’ and in-
serting ‘‘felony or is a serious human rights abuser)’’.
SEC. 12. REVISION OF REGULATIONS WITH RESPECT TO
THE INVOLUNTARY RETURN OF PERSONS IN
DANGER OF SUBJECTION TO TORTURE.
(a) REGULATIONS.—Not later than 120 days after
the date of the enactment of this Act, the Attorney Gen-
eral shall revise the regulations prescribed by the Attorney
General to implement the Convention. Such revision shall
render ineligible for withholding or deferral of removal
under the Convention aliens to whom the relief described
in subparagraph (A) of section 241(b)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(b)(3)) does not
apply by reason of subparagraph (B) of such section (as
amended by section 6 of this Act). Such revision shall also
ensure that the burden of proof is on the applicant for
withholding or deferral of removal under the Convention
to establish by clear and convincing evidence that he or
she would be tortured if removed to the proposed country
of removal.
(b) JUDICIAL REVIEW.—Notwithstanding any other
provision of law, no court shall have jurisdiction to review
the regulations adopted to implement this section, and
nothing in this section shall be construed as providing any
court jurisdiction to consider or review claims raised under
the Convention or this section, except as part of the review
of a final order of removal pursuant to section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
(c) AUTHORITY TO DETAIN.—Nothing in this section
shall be construed as limiting the authority of the Attor-
ney General to detain any person under any provision of
law, including, but not limited to, any provision of the Im-
migration and Nationality Act.
(d) CONVENTION DEFINED.—In this section, the
term ‘‘Convention’’ means the United Nations Convention
Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York
on December 10, 1984.
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