claim and determine that issue as if proceedings had 
been initiated under the provisions of section 2201 
of title 28, United States Code. Any such alien shall 
not be entitled to have such issue determined under 
section 360(a) of this Act or otherwise. If no such 
hearing de novo as to nationality is conducted, the 
determination shall be made solely upon the admin-
istrative record upon which the removal order is 
based and the Attorney General’s findings of fact, 
if supported by reasonable, substantial, and pro-
bative evidence on the record considered as a whole, 
shall be conclusive. If the removal order is held in-
valid, the court shall dismiss the indictment and the 
United States shall have the right to appeal to the 
court of appeals within 30 days. The procedure on 
such appeals shall be as provided in the Federal 
rules of criminal procedure. No petition for review 
under this section may be filed by any alien during 
the pendency of a criminal proceeding against such 
alien for violation of subsection (a) or (b) of section 
243 of this Act; 
‘‘(8) nothing in this section shall be construed 
to require the Attorney General to defer removal of 
an alien after the issuance of a removal order be-
cause of the right of judicial review of the order
granted by this section, or to relieve any alien from 
compliance with subsections (a) and (b) of section 
243 of this Act. Nothing contained in this section 
shall be construed to preclude the Attorney General 
from detaining or continuing to detain an alien or 
from taking the alien into custody pursuant to sec-
tion 241 of this Act at any time after the issuance 
of a removal order; 
‘‘(9) it shall not be necessary to print the 
record or any part thereof, or the briefs, and the 
court shall review the proceedings on a typewritten 
record and on typewritten briefs; and 
‘‘(10) any alien held in custody pursuant to an 
order of removal may obtain judicial review thereof 
by habeas corpus proceedings. 
‘‘(b) Notwithstanding the provisions of any other law, 
any alien against whom a final order of removal has been 
made heretofore or hereafter under the provisions of sec-
tion 235 of this Act or comparable provisions of any prior 
Act may obtain judicial review of such order by habeas 
corpus proceedings and not otherwise.
‘‘(c) An order of removal shall not be reviewed by any 
court if the alien has not exhausted the administrative 
remedies available to the alien as of right under the immi-
gration laws and regulations or if the alien has departed
from the United States after the issuance of the order. 
Every petition for review or for habeas corpus shall state 
whether the validity of the order has been upheld in any 
prior judicial proceeding, and, if so, the nature and date 
thereof, and the court in which such proceeding took place. 
No petition for review or for habeas corpus shall be enter-
tained if the validity of the order has been previously de-
termined in any civil or criminal proceeding, unless the 
petition presents grounds which the court finds could not 
have been presented in such prior proceeding, or the court 
finds that the remedy provided by such prior proceeding 
was inadequate or ineffective to test the validity of the 
order. 
‘‘(d)(1) A petition for review or for habeas corpus on 
behalf of an alien against whom a final order of removal 
has been issued pursuant to section 238(b) may challenge 
only—
‘‘(A) whether the alien is in fact the alien de-
scribed in the order; 
‘‘(B) whether the alien is in fact an alien de-
scribed in section 238(b)(2); 
‘‘(C) whether the alien has been convicted of an 
aggravated felony and such conviction has become 
final; and
‘‘(D) whether the alien was afforded the proce-
dures required by section 238(b)(4). 
‘‘(2) No court shall have jurisdiction to review any 
issue other than an issue described in paragraph (1).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to determinations pending 
on or after such date with respect to which—
(1) a final administrative decision has been/not 
been rendered as of such date; or 
(2) such a decision has been rendered but the 
period for seeking judicial review of the decision has 
not expired. 
SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS. 
(a) 
IN
GENERAL.—Notwithstanding 
section 
240(c)(6) of the Immigration and Nationality Act (8 
U.S.C. 1229a(c)(6)) or any other limitation imposed by 
law on motions to reopen removal proceedings, the Attor-
ney General shall establish a process (whether through 
permitting the reopening of a removal proceeding or other-
wise) under which an alien—
(1) who is (or was) in removal proceedings be-
fore the date of the enactment of this Act (whether 
or not the alien has been removed as of such date); 
and
(2) whose eligibility for cancellation of removal 
has been established by this Act; 
may apply (or reapply) for cancellation of removal under 
section 240A(a) of the Immigration and Nationality Act 
(8 U.S.C. 1229b(a)) as a beneficiary of the relief provided 
under this Act. 
(b) PAROLE.—The Attorney General should exercise 
the parole authority under section 212(d)(5)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) 
for the purpose of permitting aliens removed from the 
United States to participate in the process established 
under subsection (a).
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