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about the defendant’s nationality is presented, the court shall decide the
motion only on the administrative record on which the deportation order is
based. The administrative findings of fact are conclusive if supported by
reasonable, substantial, and probative evidence on the record considered as
a whole.
(C) If the defendant claims in the motion to be a national of the United
States and the district court finds that a genuine issue of material fact
about the defendant’s nationality is presented, the court shall hold a new
hearing on the nationality claim and decide that claim as if an action had
been brought under section 2201 of title 28.
(D) If the district court rules that the deportation order is invalid, the
court shall dismiss the indictment. The United States Government may ap-
peal the dismissal to the court of appeals for the appropriate circuit within
30 days. The defendant may not file a petition for review under this section
during the criminal proceeding. The defendant may have the nationality
claim decided only as provided in this section.
(8) This subsection—
(A) does not prevent the Attorney General, after a final order of de-
portation has been issued, from detaining the alien under section
6537(b) of this title;
(B) does not relieve the alien from complying with a requirement im-
posed under section 6537(d), 10152, or 10153 of this title; and
(C) except as provided in paragraph (3) of this subsection, does not
require the Attorney General to defer deportation of the alien.
(9) The record and briefs do not have to be printed. The court of appeals
shall review the proceeding on a typewritten record and on typewritten
briefs.
(10) An alien held in custody under an order of deportation may obtain
judicial review of the order by a habeas corpus proceeding.
(c) REQUIREMENTS FOR PETITION.—A petition for review or for habeas
corpus of an order of deportation 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 review a final order of de-
portation only if—
(1) the alien has exhausted all administrative remedies available to
the alien as of right;
(2) the alien has remained in the United States after the order was
issued; and
(3) another court has not decided the validity of the order, unless
the reviewing court finds that the petition presents grounds that could
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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 RESIDENTS CONVICTED OF
AGGRAVATED FELONIES.—(1) A petition for review or for habeas corpus
filed by an alien against whom a final order of deportation has been issued
under section 6533(c) of this title may challenge only whether—
(A) the alien is the alien described in the order;
(B) the alien is an alien described in section 6533(c)(1); and
(C) the alien was given the procedures described in section
6533(c)(2).
(2) A court reviewing the petition has jurisdiction only to review the is-
sues described in paragraph (1).
§ 6537. Detention, release, and deportation of aliens ordered
deported
(a) DEPORTATION PERIOD.—Except as otherwise provided in this section,
when an alien is ordered deported, the Attorney General has 6 months to
deport the alien from the United States. The 6-month period begins on the
latest of the following:
(1) the date the deportation order becomes administratively final.
(2) if the deportation order is judicially reviewed, the date of the
court’s final order.
(3) if the alien is detained or confined (except under an immigration
process), the date the alien is released from detention or confinement.
(b) DETENTION AND RELEASE BY THE ATTORNEY GENERAL.—During
the 6-month period, the Attorney General may—
(1) detain the alien;
(2) release the alien on a bond containing conditions the Attorney
General may prescribe; or
(3) release the alien on other conditions the Attorney General may
prescribe.
(c) HABEAS CORPUS.—In a habeas corpus proceeding, a court of com-
petent jurisdiction may review or revise a decision of the Attorney General
under subsection (b) of this section if the alien shows conclusively that the
Attorney General is not proceeding with reasonable dispatch under the par-
ticular circumstances to deport the alien within the 6-month period.
(d) SUPERVISION AFTER 6-MONTH PERIOD.—If the alien does not leave
or is not deported within the 6-month period, the alien, pending deportation,
shall be subject to supervision under regulations prescribed by the Attorney
General. The regulations shall include provisions requiring the alien—
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(1) to appear before an immigration officer periodically for identi-
fication;
(2) to submit, if necessary, to a medical and psychiatric examination
at the expense of the United States Government;
(3) to give information under oath about the alien’s nationality, cir-
cumstances, habits, associations, and activities, and other information
the Attorney General considers appropriate; and
(4) to obey reasonable written restrictions on the alien’s conduct or
activities that the Attorney General prescribes for the alien.
(e) ALIENS IMPRISONED, ARRESTED, OR ON PAROLE, SUPERVISED RE-
LEASE, 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 de-
port an alien who is sentenced to imprisonment until the alien is released
from imprisonment. Parole, supervised release, probation, or possibility of
rearrest or further imprisonment is not a reason to defer deportation.
(f) REINSTATEMENT OF DEPORTATION ORDERS AGAINST ALIENS ILLE-
GALLY REENTERING.—If the Attorney General finds that an alien has reen-
tered the United States illegally after having been deported or having de-
parted voluntarily, under an order of deportation on any ground described
in subchapter I of chapter 65 of this title, the prior order of deportation
is reinstated from its original date and the alien shall be deported under
the prior order at any time after the reentry.
§ 6538. Countries to which aliens may be deported
(a) DESIGNATION BY ALIEN.—(1) An alien in the United States who has
been ordered deported may designate one country to which the alien wants
to be deported. However, the alien may designate a foreign territory contig-
uous to the United States, an adjacent island, or an island adjacent to a
foreign territory contiguous to the United States as the place to which the
alien is to be deported only if the alien is a native, citizen, subject, or na-
tional of, or had a residence in, that designated territory or island. Except
as otherwise provided in this section, the Attorney General shall deport the
alien to the country the alien designates.
(2) The Attorney General may disregard a designation under paragraph
(1) of this subsection if—
(A) the alien fails to designate a country promptly;
(B) the government of the country does not inform the Attorney
General finally, within 3 months after the Attorney General first in-
quires, whether the government will accept the alien into the country;
(C) the government of the country is not willing to accept the alien
into the country; or