‘‘(V) to solicit any individual—
‘‘(aa) to engage in conduct
otherwise described in this sub-
section;
‘‘(bb) for membership in a
terrorist organization described
in clause (vi)(I) or (vi)(II); or
‘‘(cc) for membership in a
terrorist organization described
in clause (vi)(III) unless the so-
licitor can demonstrate by clear
and convincing evidence that he
did not know, and should not
reasonably have known, that the
organization was a terrorist orga-
nization; or
‘‘(VI) to commit an act that the
actor knows, or reasonably should
know, affords material support, in-
cluding a safe house, transportation,
communications, funds, transfer of
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
ological, or radiological weapons), ex-
plosives, or training—
‘‘(aa) for the commission of
a terrorist activity;
‘‘(bb) to any individual who
the actor knows, or reasonably
should know, has committed or
plans to commit a terrorist activ-
ity;
‘‘(cc) to a terrorist organiza-
tion described in subclause (I) or
(II) of clause (vi) or to any mem-
ber of such an organization; or
‘‘(dd) to a terrorist organi-
zation 
described 
in 
clause
(vi)(III), or to any member of
such an organization, unless the
actor can demonstrate by clear
and convincing evidence that the
actor did not know, and should
not reasonably have known, that
the organization was a terrorist
organization.
This clause shall not apply to any material
support the alien afforded to an organiza-
tion or individual that has committed ter-
rorist activity, if the Secretary of State,
after consultation with the Attorney Gen-
eral and the Secretary of Homeland Secu-
rity, or the Attorney General, after con-
sultation with the Secretary of State and
the Secretary of Homeland Security, con-
cludes in his sole unreviewable discretion,
that this clause should not apply.’’.
(c) TERRORIST ORGANIZATION DEFINED.—Section
212(a)(3)(B)(vi) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as fol-
lows:
‘‘(vi) TERRORIST ORGANIZATION DE-
FINED.—As used in this section, the term
‘terrorist 
organization’ 
means 
an
organization—
‘‘(I) designated under section
219;
‘‘(II) otherwise designated, upon
publication in the Federal Register, by
the Secretary of State in consultation
with or upon the request of the Attor-
ney General or the Secretary of
Homeland Security, as a terrorist or-
ganization, after finding that the or-
ganization engages in the activities
described in subclauses (I) through
(VI) of clause (iv); or
‘‘(III) that is a group of two or
more individuals, whether organized
or not, which engages in, or has a
subgroup which engages in, the activi-
ties 
described 
in 
subclauses 
(I)
through (VI) of clause (iv).’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this division, and these amendments, and section
212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)), as amended by this section, shall
apply to—
(1) removal proceedings instituted before, on, or
after the date of the enactment of this division; and
(2) acts and conditions constituting a ground
for inadmissibility, excludability, deportation, or re-
moval occurring or existing before, on, or after such
date.
SEC. 104. REMOVAL OF TERRORISTS.
(a) IN GENERAL.—
(1) IN GENERAL.—Section 237(a)(4)(B) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1227(a)(4)(B)) is amended to read as follows:
‘‘(B) TERRORIST
ACTIVITIES.—Any alien
who is described in subparagraph (B) or (F) of
section 212(a)(3) is deportable.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on the date of the
enactment of this division, and the amendment, and
section 237(a)(4)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1227(a)(4)(B)), as amended
by such paragraph, shall apply to—
(A) removal proceedings instituted before,
on, or after the date of the enactment of this
division; and
(B) acts and conditions constituting a
ground for inadmissibility, excludability, depor-
tation, or removal occurring or existing before,
on, or after such date.
(b) REPEAL.—Effective as of the date of the enact-
ment of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108–458), section 5402 of such
Act is repealed, and the Immigration and Nationality Act
shall be applied as if such section had not been enacted.
SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
(a) IN GENERAL.—Section 242 of the Immigration
and Nationality Act (8 U.S.C. 1252) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A), by inserting
‘‘(statutory or nonstatutory), including sec-
tion 2241 of title 28, United States Code,
or any other habeas corpus provision, and
sections 1361 and 1651 of such title’’ after
‘‘Notwithstanding any other provision of
law’’;
(ii) in each of subparagraphs (B) and
(C), by inserting ‘‘(statutory or nonstatu-
tory), including section 2241 of title 28,
United States Code, or any other habeas
corpus provision, and sections 1361 and
1651 of such title, and except as provided
in subparagraph (D)’’ after ‘‘Notwith-
standing any other provision of law’’; and
(iii) by adding at the end the fol-
lowing:
‘‘(D) JUDICIAL
REVIEW
OF
CERTAIN
LEGAL CLAIMS.—Nothing in subparagraph (B)
or (C), or in any other provision of this Act
which limits or eliminates judicial review, shall
be construed as precluding review of constitu-
tional claims or pure questions of law raised
upon a petition for review filed with an appro-
priate court of appeals in accordance with this
section.’’; and
(B) by adding at the end the following:
‘‘(4) CLAIMS
UNDER
THE
UNITED
NATIONS
CONVENTION.—Notwithstanding any other provision
of law (statutory or nonstatutory), including section
2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and
1651 of such title, a petition for review filed with an
appropriate court of appeals in accordance with this
section shall be the sole and exclusive means for ju-
dicial review of any cause or claim under the United
Nations Convention Against Torture and Other
Forms of Cruel, Inhuman, or Degrading Treatment
or Punishment, except as provided in subsection (e).
‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Notwith-
standing any other provision of law (statutory or
nonstatutory), including section 2241 of title 28,
United States Code, or any other habeas corpus pro-
vision, and sections 1361 and 1651 of such title, a
petition for review filed with an appropriate court of
appeals in accordance with this section shall be the
sole and exclusive means for judicial review of an
order of removal entered or issued under any provi-
sion of this Act, except as provided in subsection (e).
For purposes of this Act, in every provision that lim-
its or eliminates judicial review or jurisdiction to re-
view, the terms ‘judicial review’ and ‘jurisdiction to
review’ include habeas corpus review pursuant to
section 2241 of title 28, United States Code, or any
other habeas corpus provision, sections 1361 and
1651 of such title, and review pursuant to any other
provision of law (statutory or nonstatutory).’’;
(2) in subsection (b)—
(A) in paragraph (3)(B), by inserting
‘‘pursuant to subsection (f)’’ after ‘‘unless’’;
and
(B) in paragraph (9), by adding at the end
the following: ‘‘Except as otherwise provided in
this section, no court shall have jurisdiction, by
habeas corpus under section 2241 of title 28,
United States Code, or any other habeas corpus
provision, by section 1361 or 1651 of such title,
or by any other provision of law (statutory or
nonstatutory), to review such an order or such
questions of law or fact.’’; and
(3) in subsection (g), by inserting ‘‘(statutory
or nonstatutory), including section 2241 of title 28,
United States Code, or any other habeas corpus pro-
vision, and sections 1361 and 1651 of such title’’
after ‘‘notwithstanding any other provision of law’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect upon the date of the enact-
ment of this division and shall apply to cases in which
the final administrative order of removal, deportation, or
exclusion was issued before, on, or after the date of the
enactment of this division.
(c) TRANSFER OF CASES.—If an alien’s case, brought
under section 2241 of title 28, United States Code, and
challenging a final administrative order of removal, depor-
tation, or exclusion, is pending in a district court on the
date of the enactment of this division, then the district
court shall transfer the case (or the part of the case that
challenges the order of removal, deportation, or exclusion)
to the court of appeals for the circuit in which a petition
for review could have been properly filed under section
242(b)(2) of the Immigration and Nationality Act (8
U.S.C. 1252), as amended by this section, or under section
309(c)(4)(D) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1101 note).
The court of appeals shall treat the transferred case as
if it had been filed pursuant to a petition for review under
such section 242, except that subsection (b)(1) of such
section shall not apply.
(d) TRANSITIONAL RULE CASES.—A petition for re-
view filed under former section 106(a) of the Immigration
and Nationality Act (as in effect before its repeal by sec-
tion 306(b) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1252 note))
shall be treated as if it had been filed as a petition for
review under section 242 of the Immigration and Nation-
ality Act (8 U.S.C. 1252), as amended by this section.
Notwithstanding any other provision of law (statutory or
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title, such petition for re-
view shall be the sole and exclusive means for judicial re-
view of an order of deportation or exclusion.
SEC. 106. DELIVERY BONDS.
(a) DEFINITIONS.—For purposes of this section:
(1) DELIVERY
BOND.—The term ‘‘delivery
bond’’ means a written suretyship undertaking for
the surrender of an individual against whom the De-
partment of Homeland Security has issued an order
to show cause or a notice to appear, the performance
of which is guaranteed by an acceptable surety on
Federal bonds.
(2) PRINCIPAL.—The term ‘‘principal’’ means
an individual who is the subject of a bond.
(3) SURETYSHIP
UNDERTAKING.—The term
‘‘suretyship undertaking’’ means a written agree-
ment, executed by a bonding agent on behalf of a
surety, which binds all parties to its certain terms
and conditions and which provides obligations for
the principal and the surety while under the bond
and penalties for forfeiture to ensure the obligations
of the principal and the surety under the agreement.
(4) BONDING
AGENT.—The term ‘‘bonding
agent’’ means any individual properly licensed, ap-
proved, and appointed by power of attorney to exe-
cute or countersign surety bonds in connection with
any matter governed by the Immigration and Na-
tionality Act as amended (8 U.S.C. 1101, et seq.),
and who receives a premium for executing or
countersigning such surety bonds.
(5) SURETY.—The term ‘‘surety’’ means an en-
tity, as defined by, and that is in compliance with,
sections 9304 through 9308 of title 31, United
States Code, that agrees—
(A) to guarantee the performance, where
appropriate, of the principal under a bond;
(B) to perform the bond as required; and
(C) to pay the face amount of the bond as
a penalty for failure to perform.
(b) VALIDITY, AGENT NOT CO-OBLIGOR, EXPIRA-
TION, RENEWAL, AND CANCELLATION OF BONDS.—
(1) VALIDITY.—Delivery bond undertakings are
valid if such bonds—
(A) state the full, correct, and proper
name of the alien principal;
(B) state the amount of the bond;
(C) are guaranteed by a surety and
countersigned by an agent who is properly ap-
pointed;
(D) bond documents are properly executed;
and
(E) relevant bond documents are properly
filed with the Secretary of Homeland Security.
(2) BONDING AGENT NOT CO-OBLIGOR, PARTY,
OR GUARANTOR IN INDIVIDUAL CAPACITY, AND NO
REFUSAL
IF
ACCEPTABLE
SURETY.—Section
9304(b) of title 31, United States Code, is amended
by adding at the end the following: ‘‘Notwith-
standing any other provision of law, no bonding
100
agent of a corporate surety shall be required to exe-
cute bonds as a co-obligor, party, or guarantor in an
individual capacity on bonds provided by the cor-
porate surety, nor shall a corporate surety bond be
refused if the corporate surety appears on the cur-
rent Treasury Department Circular 570 as a com-
pany holding a certificate of authority as an accept-
able surety on Federal bonds and attached to the
bond is a currently valid instrument showing the au-
thority of the bonding agent of the surety company
to execute the bond.’’.
(3) EXPIRATION.—A delivery bond undertaking
shall expire at the earliest of—
(A) 1 year from the date of issue;
(B) at the cancellation of the bond or sur-
render of the principal; or
(C) immediately upon nonpayment of the
renewal premium.
(4) RENEWAL.—Delivery bonds may be re-
newed annually, with payment of proper premium to
the surety, if there has been no breach of conditions,
default, claim, or forfeiture of the bond. Notwith-
standing any renewal, when the alien is surrendered
to the Secretary of Homeland Security for removal,
the Secretary shall cause the bond to be canceled.
101
(5) CANCELLATION.—Delivery bonds shall be
canceled and the surety exonerated—
(A) for nonrenewal after the alien has been
surrendered to the Department of Homeland
Security for removal;
(B) if the surety or bonding agent provides
reasonable evidence that there was misrepresen-
tation or fraud in the application for the bond;
(C) upon the death or incarceration of the
principal, or the inability of the surety to
produce the principal for medical reasons;
(D) if the principal is detained by any law
enforcement agency of any State, county, city,
or any politial subdivision thereof;
(E) if it can be established that the alien
departed the United States of America for any
reason without permission of the Secretary of
Homeland Security, the surety, or the bonding
agent;
(F) if the foreign state of which the prin-
cipal is a national is designated pursuant to
section 244 of the Act (8 U.S.C. 1254a) after
the bond is posted; or
102
(G) if the principal is surrendered to the
Department of Homeland Security, removal by
the surety or the bonding agent.
(6) SURRENDER
OF
PRINCIPAL; FORFEITURE
OF BOND PREMIUM.—
(A) SURRENDER.—At any time, before a
breach of any of the bond conditions, if in the
opinion of the surety or bonding agent, the
principal becomes a flight risk, the principal
may be surrendered to the Department of
Homeland Security for removal.
(B) FORFEITURE OF BOND PREMIUM.—A
principal may be surrendered without the re-
turn of any bond premium if the principal—
(i) changes address without notifying
the surety, the bonding agent, and the Sec-
retary of Homeland Security in writing
prior to such change;
(ii) hides or is concealed from a sur-
ety, a bonding agent, or the Secretary;
(iii) fails to report to the Secretary as
required at least annually; or
(iv) violates the contract with the
bonding agent or surety, commits any act
that may lead to a breach of the bond, or