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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.
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‘‘Sec. 241.
Detention and removal of aliens ordered removed.
‘‘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
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(C) by moving such provision to the end of
section 232.
(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:
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‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.
(c) ADDITIONAL CONFORMING AMENDMENTS.—
(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
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protection or guardianship may be required, the officer
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
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(B) by adding at the end the following new
paragraph:
‘‘(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.—
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(1) SECTION
212.—Section 212 (8 U.S.C.
1182(a)) is amended—
(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’’;
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(G) in subsection (d)(7), by striking ‘‘ex-
cluded from’’ and inserting ‘‘denied’’; and
(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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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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(II) in subsection (a), by striking ‘‘ex-
cluding condition’’ and inserting ‘‘condition
causing inadmissibility’’, and
(III) in subsection (c), by striking
‘‘excluding’’.
(ii) The item in the table of contents relat-
ing to such section is amended by striking ‘‘ex-
clusion’’ and inserting ‘‘denial of admission’’.
(J) Section 276(a) (8 U.S.C. 1326) is
amended—
(i) in paragraph (1), by striking ‘‘de-
ported or excluded and deported’’ and in-
serting ‘‘denied admission or removed’’,
and
(ii) in paragraph (2)(B), by striking
‘‘excluded and deported’’ and inserting
‘‘denied admission and removed’’.
(K) Section 286(h)(2)(A)(vi) (8 U.S.C.
1356(h)(2)(A)(vi)) is amended by striking ‘‘ex-
clusion’’ each place it appears and inserting
‘‘removal’’.
(L) Section 287 (8 U.S.C. 1357) is amend-
ed—
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(i) in subsection (a), by striking ‘‘or
expulsion’’ each place it appears and in-
serting ‘‘expulsion, or removal’’, and
(ii) in subsection (c), by striking ‘‘ex-
clusion from’’ and inserting ‘‘denial of ad-
mission to’’.
(M) Section 290(a) (8 U.S.C. 1360(a)) is
amended by striking ‘‘admitted to the United
States, or excluded therefrom’’ each place it ap-
pears and inserting ‘‘admitted or denied admis-
sion to the United States’’.
(N) Section 291 (8 U.S.C. 1361) is
amended by striking ‘‘subject to exclusion’’ and
inserting ‘‘inadmissible’’ each place it appears.
(O) Section 292 (8 U.S.C. 1362) is
amended by striking ‘‘exclusion or deportation’’
each place it appears and inserting ‘‘removal’’.
(P) Section 360 (8 U.S.C. 1503) is amend-
ed—
(i) in subsection (a), by striking ‘‘ex-
clusion’’ each place it appears and insert-
ing ‘‘removal’’, and
(ii) in subsection (c), by striking ‘‘ex-
cluded from’’ and inserting ‘‘denied’’.
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(Q) Section 301(a)(1) of the Immigration
Act of 1990 is amended by striking ‘‘exclusion’’
and inserting ‘‘inadmissibility’’.
(R) Section 401(c) of the Refugee Act of
1980 is amended by striking ‘‘deportation or
exclusion’’ and inserting ‘‘removal’’.
(S) Section 501(e)(2) of the Refugee Edu-
cation Assistance Act of 1980 (Public Law 96–
422) is amended by striking ‘‘exclusion or de-
portation’’ each place it appears and inserting
‘‘removal’’.
(e) REVISION OF TERMINOLOGY RELATING TO DE-
PORTATION.—
(1) Each of the following is amended by strik-
ing ‘‘deportation’’ each place it appears and insert-
ing ‘‘removal’’:
(A) Subparagraphs (A)(iii)(II), (A)(iv)(II),
and (B)(iii)(II) of section 204(a)(1) (8 U.S.C.
1154(a)(1)).
(B) 
Section 
212(d)(1) 
(8 
U.S.C.
1182(d)(1)).
(C) 
Section 
212(d)(11) 
(8 
U.S.C.
1182(d)(11)).
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(D) 
Section 
214(k)(4)(C) 
(8 
U.S.C.
1184(k)(4)(C)), as redesignated by section
815(a)(4)(A) of this Act.
(E) 
Section 
241(a)(1)(H) 
(8 
U.S.C.
1251(a)(1)(H)), before redesignation as section
237 by section 305(2) .
(F) Section 242A (8 U.S.C. 1252a), before
redesignation as section 238 by subsection
(b)(6).
(G) Subsections (a)(3) and (b)(5)(B) of
section 244A (8 U.S.C. 1254a), before redesig-
nation as section 244 by subsection (b)(8).
(H) Section 246(a) (8 U.S.C. 1256(a)).
(I) Section 254 (8 U.S.C. 1284).
(J) 
Section 
263(a)(4) 
(8 
U.S.C.
1303(a)(4)).
(K) Section 276(b) (8 U.S.C. 1326(b)).
(L) 
Section 
280(b)(2) 
(8 
U.S.C.
1330(b)(2)).
(M) Section 286(h)(2)(A)(v) (8 U.S.C.
1356(h)(2)(A)(v)).
(N) Section 291 (8 U.S.C. 1361).
(O) Section 318 (8 U.S.C. 1429).
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(P) Section 130005(a) of the Violent
Crime Control and Law Enforcement Act of
1994 (Public Law 103–322).
(2) Each of the following is amended by strik-
ing ‘‘deported’’ and inserting ‘‘removed’’:
(A) 
Section 
212(d)(7) 
(8 
U.S.C.
1182(d)(7)).
(B) Section 214(d) (8 U.S.C. 1184(d)).
(C) Section 241(a) (8 U.S.C. 1251(a)), be-
fore redesignation as section 237 by section
305(2).
(D) Section 242A(c)(2)(D)(iv) (8 U.S.C.
1252a(c)(2)(D)(iv)), as amended by section
815(b)(14) but before redesignation as section
238 by subsection (b)(6).
(E) Section 252(b) (8 U.S.C. 1282(b)).
(F) Section 254 (8 U.S.C. 1284).
(G) Subsections (b) and (c) of section 266
(8 U.S.C. 1306).
(H) Section 301(a)(1) of the Immigration
Act of 1990.
(3) Section 101(g) (8 U.S.C. 1101(g)) is
amended by inserting ‘‘or removed’’ after ‘‘deported’’
each place it appears.
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(4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is
amended by striking ‘‘suspension of deportation’’
and inserting ‘‘cancellation of removal’’.
(5) 
Section 
201(b)(1)(D) 
(8 
U.S.C.
1151(b)(1)(D)) is amended by striking ‘‘deportation
is suspended’’ and inserting ‘‘removal is canceled’’.
(6) 
Section 
212(l)(2)(B) 
(8 
U.S.C.
1182(l)(2)(B)) is amended by striking ‘‘deportation
against’’ and inserting ‘‘removal of’’.
(7) Subsections (b)(2), (c)(2)(B), (c)(3)(D),
(c)(4)(A), and (d)(2)(C) of section 216 (8 U.S.C.
1186a) are each amended by striking ‘‘DEPORTA-
TION’’, ‘‘deportation’’, ‘‘deport’’, and ‘‘deported’’
each place each appears and inserting ‘‘REMOVAL’’,
‘‘removal’’, ‘‘remove’’, and ‘‘removed’’, respectively.
(8) Subsections (b)(2), (c)(2)(B), (c)(3)(D),
and (d)(2)(C) of section 216A (8 U.S.C. 1186b) are
each amended by striking ‘‘DEPORTATION’’, ‘‘depor-
tation’’, ‘‘deport’’, and ‘‘deported’’ and inserting
‘‘REMOVAL’’, ‘‘removal’’, ‘‘remove’’, and ‘‘removed’’,
respectively.
(9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is
amended by striking ‘‘deportation against’’ and in-
serting ‘‘removal of’’.
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(10) Section 242A (8 U.S.C. 1252a), before re-
designation as section 238 by subsection (b)(6), is
amended, in the headings to various subdivisions, by
striking ‘‘DEPORTATION’’ and ‘‘DEPORTATION’’ and
inserting ‘‘REMOVAL’’ and ‘‘REMOVAL’’, respectively.
(11) 
Section 
244A(a)(1)(A) 
(8 
U.S.C.
1254a(a)(1)(A)), before redesignation as section 244
by subsection (b)(8), is amended—
(A) in subsection (a)(1)(A), by striking
‘‘deport’’ and inserting ‘‘remove’’, and
(B) in subsection (e), by striking ‘‘SUS-
PENSION
OF
DEPORTATION’’ and inserting
‘‘CANCELLATION OF REMOVAL’’.
(12) Section 254 (8 U.S.C. 1284) is amended
by striking ‘‘deport’’ each place it appears and in-
serting ‘‘remove’’.
(13) Section 273(d) (8 U.S.C. 1323(d)) is re-
pealed.
(14)(A) Section 276 (8 U.S.C. 1326) is amend-
ed by striking ‘‘DEPORTED’’ and inserting ‘‘RE-
MOVED’’.
(B) The item in the table of contents relating
to such section is amended by striking ‘‘deported’’
and inserting ‘‘removed’’.
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(15) Section 318 (8 U.S.C. 1429) is amended
by striking ‘‘suspending’’ and inserting ‘‘canceling’’.
(16) Section 301(a) of the Immigration Act of
1990 is amended by striking ‘‘DEPORTATION’’ and
inserting ‘‘REMOVAL’’.
(17) The heading of section 130005 of the Vio-
lent Crime Control and Law Enforcement Act of
1994 (Public Law 103–322) is amended by striking
‘‘DEPORTATION’’ and inserting ‘‘REMOVAL’’.
(f) REVISION OF REFERENCES TO ENTRY.—
(1) The following provisions are amended by
striking ‘‘entry’’ and inserting ‘‘admission’’ each
place it appears:
(A) Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)).
(B) 
Section 
101(a)(30) 
(8 
U.S.C.
1101(a)(30)).
(C) 
Section 
212(a)(2)(D) 
(8 
U.S.C.
1182(a)(2)(D)).
(D) Section 212(a)(6)(C)(i) (8 U.S.C.
1182(a)(6)(C)(i)).
(E) Section 212(h)(1)(A)(i) (8 U.S.C.
1182(h)(1)(A)(i)).
(F) 
Section 
212(i)(2) 
(8 
U.S.C.
1182(i)(2)).
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Title III, Subtitle A
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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)’’.
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.
(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
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Title III, Subtitle B
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‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL
PROCEEDING
‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor-
ney General has classified information that an alien is an
alien terrorist, the Attorney General, in the Attorney Gen-
eral’s discretion, may seek removal of the alien under this
title through the filing of a written application described
in subsection (b) with the special removal court seeking
an order authorizing a special removal proceeding under
this title. The application shall be submitted in camera
and ex parte and shall be filed under seal with the court.
‘‘(b) CONTENTS OF APPLICATION.—Each application
for a special removal proceeding shall include all of the
following:
‘‘(1) The identity of the Department of Justice
attorney making the application.
‘‘(2) The approval of the Attorney General or
the Deputy Attorney General for the filing of the ap-
plication based upon a finding by that individual
that the application satisfies the criteria and re-
quirements of this title.
‘‘(3) The identity of the alien for whom author-
ization for the special removal proceedings is sought.
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Title III, Subtitle B
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‘‘(4) A statement of the facts and cir-
cumstances relied on by the Department of Justice
to establish that—
‘‘(A) the alien is an alien terrorist and is
physically present in the United States, and
‘‘(B) with respect to such alien, adherence
to the provisions of title II regarding the re-
moval of aliens would pose a risk to the na-
tional security of the United States.
‘‘(5) An oath or affirmation respecting each of
the facts and statements described in the previous
paragraphs.
‘‘(c) RIGHT TO DISMISS.—The Department of Jus-
tice retains the right to dismiss a removal action under
this title at any stage of the proceeding.
‘‘CONSIDERATION OF APPLICATION
‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap-
plication under section 503 to the special removal court,
a single judge of the court shall be assigned to consider
the application. The judge, in accordance with the rules
of the court, shall consider the application and may con-
sider other information, including classified information,
presented under oath or affirmation. The judge shall con-
sider the application (and any hearing thereof) in camera
and ex parte. A verbatim record shall be maintained of
any such hearing.