1533
trict in which the petitioner resides for a new
hearing on the nationality claim and a decision
on that claim as if an action had been brought
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.
1534
‘‘(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—
‘‘(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
1535
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.
‘‘(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) does not require the Attorney General
to defer removal of the alien.
‘‘(9) CONSOLIDATION OF QUESTIONS FOR JUDI-
CIAL REVIEW.—Judicial review of all questions of
law and fact, including interpretation and applica-
tion of constitutional and statutory provisions, aris-
ing from any action taken or proceeding brought to
remove an alien from the United States under this
1536
title shall be available only in judicial review of a
final order under this section.
‘‘(c) REQUIREMENTS FOR PETITION.—A petition for
review or for habeas corpus of an order of removal—
‘‘(1) shall attach a copy of such order, and
‘‘(2) 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
‘‘(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) JUDICIAL REVIEW OF ORDERS UNDER SECTION
235(b)(1).—
‘‘(1) LIMITATIONS ON RELIEF.—Without regard
to the nature of the action or claim and without re-
1537
gard to the identity of the party or parties bringing
the action, no court may—
‘‘(A) enter declaratory, injunctive, or other
equitable relief in any action pertaining to an
order to exclude an alien in accordance with
section 235(b)(1) except as specifically author-
ized in a subsequent paragraph of this sub-
section, or
‘‘(B) certify a class under Rule 23 of the
Federal Rules of Civil Procedure in any action
for which judicial review is authorized under a
subsequent paragraph of this subsection.
‘‘(2) HABEAS CORPUS PROCEEDINGS.—Judicial
review of any determination made under section
235(b)(1) is available in habeas corpus proceedings,
but shall be limited to determinations 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-
nent residence, has been admitted as a refugee
under section 207, or has been granted asylum
under section 208, such status not having been
1538
terminated, and is entitled to such further in-
quiry as prescribed by the Attorney General
pursuant to section 235(b)(1)(C).
‘‘(3) CHALLENGES ON VALIDITY OF THE SYS-
TEM.—
‘‘(A) IN GENERAL.—Judicial review of de-
terminations under section 235(b) and its im-
plementation is available in an action instituted
in the United States District Court for the Dis-
trict of Columbia, but shall be limited to deter-
minations of—
‘‘(i) whether such section, or any reg-
ulation issued to implement such section, is
constitutional; or
‘‘(ii) whether such a regulation, or a
written policy directive, written policy
guideline, or written procedure issued by
or under the authority of the Attorney
General to implement such section, is not
consistent with applicable provisions of this
title or is otherwise in violation of law.
‘‘(B) DEADLINES
FOR
BRINGING
AC-
TIONS.—Any action instituted under this para-
graph must be filed no later than 60 days after
the date the challenged section, regulation, di-
1540
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.
‘‘(f) LIMIT ON INJUNCTIVE RELIEF.—
‘‘(1) IN GENERAL.—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 Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996, other than with respect to the applica-
tion of such provisions to an individual alien against
whom proceedings under such chapter have been ini-
tiated.
1541
‘‘(2) 
PARTICULAR
CASES.—Notwithstanding
any other provision of law, no court shall enjoin the
removal of any alien pursuant to a final order under
this section unless the alien shows by clear and con-
vincing evidence that the entry or execution of such
order is prohibited as a matter of law.
‘‘(g) EXCLUSIVE JURISDICTION.—Except as provided
in this section and notwithstanding any other provision of
law, no court shall have jurisdiction to hear any cause or
claim by or on behalf of any alien arising from the decision
or action by the Attorney General to commence proceed-
ings, adjudicate cases, or execute removal orders against
any alien under this Act.’’.
(b) REPEAL
OF SECTION 106.—Section 106 (8
U.S.C. 1105a) is repealed.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—Subject to paragraph (2),
the amendments made by subsections (a) and (b)
shall apply to all final orders of deportation or re-
moval and motions to reopen filed on or after the
date of the enactment of this Act and subsection (g)
of section 242 of the Immigration and Nationality
Act (as added by subsection (a)), shall apply without
limitation to claims arising from all past, pending,
1542
or future exclusion, deportation, or removal proceed-
ings under such Act.
(2) LIMITATION.—Paragraph (1) shall not be
considered to invalidate or to require the reconsider-
ation of any judgment or order entered under sec-
tion 106 of the Immigration and Nationality Act, as
amended by section 440 of Public Law 104–132.
(d) TECHNICAL AMENDMENT.—Effective as if in-
cluded in the enactment of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104–132), sub-
sections (a), (c), (d), (g), and (h) of section 440 of such
Act are amended by striking ‘‘any offense covered by sec-
tion 241(a)(2)(A)(ii) for which both predicate offenses are
covered by section 241(a)(2)(A)(i)’’ and inserting ‘‘any of-
fense covered by section 241(a)(2)(A)(ii) for which both
predicate offenses are, without regard to the date of their
commission, 
otherwise 
covered 
by 
section
241(a)(2)(A)(i)’’.
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.—
1543
‘‘(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
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
1544
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.
‘‘(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-
1545
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
‘‘(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
willfully fail to comply with regulations or requirements
issued pursuant to section 241(a)(3) or knowingly give
false information in response to an inquiry under such sec-
tion 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.