‘‘(i) does not present the documentation
required (if any) to obtain legal entry to the
United States; and
‘‘(ii) does not indicate either an intention
to apply for provisional asylum (under section
208) or a fear of persecution,
the officer shall order the alien excluded from the
United States without further hearing or review.
‘‘(B) The examining immigration officer shall
refer for immediate inspection at the port of entry
by an asylum officer under subparagraph (C) any
alien who (i) does not present the documentation re-
quired (if any) to obtain legal entry to the United
States, and (ii) has indicated an intention to apply
for provisional asylum or a fear of persecution. Such
an alien shall not be considered to have been in-
spected and admitted for purposes of this Act.
‘‘(C)(i) If an asylum officer determines that an
alien has a credible fear of persecution, the alien
shall be entitled to apply for provisional asylum
under section 208.
‘‘(ii)(I) Subject to subclause (II), if an asylum
officer determines that an alien does not have a
credible fear of persecution the officer shall order
the alien excluded from the United States without
further hearing or review.
‘‘(II) The Attorney General shall promulgate
regulations to provide for the immediate review by
another asylum officer at the port of entry of a deci-
sion under subclause (I).
‘‘(iii) For the purposes of this subparagraph,
the term ‘credible fear of persecution’ means (I) that
it is more probable than not that the statements
made by the alien in support of his or her claim are
true, and (II) that there is a significant possibility,
in light of such statements and of such other facts
as are known to the officer that the alien could es-
tablish eligibility for provisional asylum under sec-
tion 208.
‘‘(iv) Notwithstanding any other provision of
law, no court shall have jurisdiction to review, except
by petition for habeas corpus, any determination
made with respect to an alien found excludable pur-
suant to this paragraph. In any such case, review by
habeas corpus shall be limited to examination of
whether the petitioner (I) is an alien, and (II) was
ordered excluded from the United States pursuant to
this paragraph.
‘‘(v) Notwithstanding any other provision of
law, no court shall have jurisdiction (I) to review the
procedures established by the Attorney General for
the determination of exclusion pursuant to this para-
graph, or (II) to enter declaratory or injunctive re-
lief with respect to the implementation of this para-
graph. Regardless of the nature of the suit or claim,
no court shall have jurisdiction except by habeas cor-
pus petition as provided in clause (iv) to consider
the validity of any adjudication or determination
under this paragraph or to provide declaratory or in-
junctive relief with respect to the exclusion of any
alien pursuant to this paragraph.
‘‘(vi) In any action brought for the assessment
of penalties for improper entry or re-entry of an
alien under section 275 or 276, no court shall have
jurisdiction to hear claims collaterally attacking the
validity of orders of exclusion or deportation entered
under sections 235, 236, and 242.
‘‘(3)(A) Except as provided in subparagraph
(B), if the examining immigration officer determines
that an alien seeking entry is not clearly and beyond
a doubt entitled to enter, the alien shall be detained
for a hearing before a special inquiry officer.
‘‘(B) The provisions of subparagraph (A) shall
not apply—
‘‘(i) to an alien crewman,
‘‘(ii) to an alien described in paragraph
(2)(A) or 2(B), or
‘‘(iii) if the conditions described in section
273(d) exist.
‘‘(4) The decision of the examining immigration
officer, if favorable to the admission of any alien,
shall be subject to challenge by any other immigra-
tion officer and such challenge shall operate to take
the alien, whose privilege to enter is so challenged,
before a special inquiry officer for a hearing on ex-
clusion of the alien.
‘‘(5) An alien has not entered the United States
for purposes of this Act unless and until such alien
has been inspected and admitted by an immigration
officer pursuant to this subsection.’’.
(b) CONFORMING AMENDMENTS.—Section 237(a) (8
U.S.C. 1227(a)) is amended—
(1) in the second sentence of paragraph (1) by
striking ‘‘Deportation’’ and inserting ‘‘Subject to
section 235(b)(2), deportation’’; and
(2) in the first sentence of paragraph (2) by
striking ‘‘If ’’ and inserting ‘‘Subject to section
235(b)(2), if ’’.
SEC. 802. ASYLUM.
(a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is
amended to read as follows:
‘‘SEC. 208. ASYLUM.
(a) PROVISIONAL ASYLUM.—
‘‘(1) RIGHT TO APPLY.—The Attorney General
shall establish a procedure for an alien physically
present in the United States or at a land border or
port of entry, irrespective of such alien’s status, to
apply for provisional asylum in accordance with this
section.
‘‘(2) CONDITIONS FOR GRANTING.—
‘‘(A) MANDATORY
CASES.—The Attorney
General shall grant provisional asylum to an
alien if the alien applies for provisional asylum
in accordance with the requirements of this sec-
tion and establishes that it is more likely than
not that in the alien’s country of nationality
(or, in the case of a person having no national-
ity, the country in which such alien last habit-
ually resided) such alien’s life or freedom would
be threatened on account of race, religion, na-
tionality, membership in a particular social
group, or political opinion.
‘‘(B) DISCRETIONARY CASES.—The Attor-
ney General may grant provisional asylum to an
alien if the alien applies for provisional asylum
in accordance with the requirements of this sec-
tion and establishes that the alien is a refugee
within the meaning of section 101(a)(42).
‘‘(C) 
EXCEPTIONS.—(i) 
Subparagraphs
(A) and (B) shall not apply to an alien if the
Attorney General determines that—
‘‘(I) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race,
religion, nationality, membership in a par-
ticular social group, or political opinion;
‘‘(II) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States;
‘‘(III) there are serious reasons for
believing that the alien has committed a
serious nonpolitical crime outside the
United States prior to the arrival of the
alien in the United States;