Title III, Subtitle A
‘‘(B) TRAVEL FROM CONTIGUOUS TERRI-
TORY.—If the alien boarded the vessel or air-
craft on which the alien arrived in the United
States in a foreign territory contiguous to the
United States, an island adjacent to the United
States, or an island adjacent to a foreign terri-
tory contiguous to the United States, and the
alien is not a native, citizen, subject, or national
of, or does not reside in, the territory or island,
removal shall be to the country in which the
alien boarded the vessel that transported the
alien to the territory or island.
‘‘(C) ALTERNATIVE
COUNTRIES.—If the
government of the country designated in sub-
paragraph (A) or (B) is unwilling to accept the
alien into that country’s territory, removal shall
be to any of the following countries, as directed
by the Attorney General:
‘‘(i) The country of which the alien is
a citizen, subject, or national.
‘‘(ii) The country in which the alien
was born.
‘‘(iii) The country in which the alien
has a residence.
Title III, Subtitle A
‘‘(iv) A country with a government
that will accept the alien into the country’s
territory if removal to a country described
in a previous clause of this subparagraph
is impracticable, inadvisable, or impossible.
‘‘(2) OTHER
ALIENS.—Subject to paragraph
(3)—
‘‘(A) 
SELECTION
OF
COUNTRY
BY
ALIEN.—Except as otherwise provided in this
paragraph—
‘‘(i) any other alien who has been or-
dered removed may designate one country
to which the alien wants to be removed,
and
‘‘(ii) the Attorney General shall re-
move the alien to the country the alien so
designates.
‘‘(B) LIMITATION
ON
DESIGNATION.—An
alien may designate under subparagraph (A)(i)
a foreign territory contiguous to the United
States, an adjacent island, or an island adja-
cent to a foreign territory contiguous to the
United States as the place to which the alien is
to be removed only if the alien is a native, citi-
Title III, Subtitle A
zen, subject, or national of, or has resided in,
that designated territory or island.
‘‘(C) DISREGARDING
DESIGNATION.—The
Attorney General may disregard a designation
under subparagraph (A)(i) if—
‘‘(i) the alien fails to designate a
country promptly;
‘‘(ii) the government of the country
does not inform the Attorney General fi-
nally, within 1 month after the date the
Attorney General first inquires, whether
the government will accept the alien into
the country;
‘‘(iii) the government of the country is
not willing to accept the alien into the
country; or
‘‘(iv) the Attorney General decides
that removing the alien to the country is
prejudicial to the United States.
‘‘(D) ALTERNATIVE COUNTRY.—If an alien
is not removed to a country designated under
subparagraph (A)(i), the Attorney General shall
remove the alien to a country of which the alien
is a subject, national, or citizen unless the gov-
ernment of the country—
Title III, Subtitle A
‘‘(i) does not inform the Attorney
General or the alien finally, within 1
month after the date the Attorney General
first inquires or within another period of
time the Attorney General decides is rea-
sonable, whether the government will ac-
cept the alien into the country; or
‘‘(ii) is not willing to accept the alien
into the country.
‘‘(E) ADDITIONAL REMOVAL COUNTRIES.—
If an alien is not removed to a country under
the previous subparagraphs of this paragraph,
the Attorney General shall remove the alien to
any of the following countries:
‘‘(i) The country from which the alien
was admitted to the United States.
‘‘(ii) The country in which is located
the foreign port from which the alien left
for the United States or for a foreign terri-
tory contiguous to the United States.
‘‘(iii) A country in which the alien re-
sided before the alien entered the country
from which the alien entered the United
States.
Title III, Subtitle A
‘‘(iv) The country in which the alien
was born.
‘‘(v) The country that had sovereignty
over the alien’s birthplace when the alien
was born.
‘‘(vi) The country in which the alien’s
birthplace is located when the alien is or-
dered removed.
‘‘(vii) If impracticable, inadvisable, or
impossible to remove the alien to a country
described in a previous clause of this sub-
paragraph, another country whose govern-
ment will accept the alien into that coun-
try.
‘‘(F) REMOVAL
COUNTRY
WHEN
UNITED
STATES IS AT WAR.—When the United States is
at war and the Attorney General decides that it
is impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this sub-
section because of the war, the Attorney Gen-
eral may remove the alien—
‘‘(i) to the country that is host to a
government in exile of the country of which
the alien is a citizen or subject if the gov-
Title III, Subtitle A
ernment of the host country will permit the
alien’s entry; or
‘‘(ii) if the recognized government of
the country of which the alien is a citizen
or subject is not in exile, to a country, or
a political or territorial subdivision of a
country, that is very near the country of
which the alien is a citizen or subject, or,
with the consent of the government of the
country of which the alien is a citizen or
subject to another country.
‘‘(3) RESTRICTION ON REMOVAL TO A COUNTRY
WHERE
ALIEN’S
LIFE
OR
FREEDOM
WOULD
BE
THREATENED.—
‘‘(A) 
IN
GENERAL.—Notwithstanding
paragraphs (1) and (2), the Attorney General
may not remove an alien to a country if the At-
torney General decides that the alien’s life or
freedom would be threatened in that country
because of the alien’s race, religion, nationality,
membership in a particular social group, or po-
litical opinion.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
does not apply to an alien deportable under sec-
Title III, Subtitle A
tion 237(a)(4)(D) or if the Attorney General
decides that—
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of an individual because of the in-
dividual’s race, religion, nationality, mem-
bership in a particular social group, or po-
litical opinion;
‘‘(ii) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime (including any aggravated fel-
ony), is a danger to the community of the
United States;
‘‘(iii) there are serious reasons to be-
lieve that the alien committed a serious
nonpolitical crime outside the United
States before the alien arrived in the
United States; or
‘‘(iv) there are reasonable grounds to
believe that the alien is a danger to the se-
curity of the United States.
For purposes of clause (ii), an alien who has
been convicted of an aggravated felony shall be
considered to have committed a particularly se-
rious crime. For purposes of clause (iv), an
Title III, Subtitle A
alien who is described in section 237(a)(4)(B)
shall be considered to be an alien with respect
to whom there are reasonable grounds for re-
garding as a danger to the security of the
United States.
‘‘(c) REMOVAL OF ALIENS ARRIVING AT PORT OF
ENTRY.—
‘‘(1) VESSELS AND AIRCRAFT.—An alien arriv-
ing at a port of entry of the United States who is
ordered removed either without a hearing under sec-
tion 235(a)(1) or 235(c) or pursuant to proceedings
under section 240 initiated at the time of such
alien’s arrival shall be removed immediately on a
vessel or aircraft owned by the owner of the vessel
or aircraft on which the alien arrived in the United
States, unless—
‘‘(A) it is impracticable to remove the alien
on one of those vessels or aircraft within a rea-
sonable time, or
‘‘(B) the alien is a stowaway who has been
ordered removed in accordance with section
235(a)(1), who has requested political asylum,
and whose application has not been adjudicated
or whose asylum application has been denied
Title III, Subtitle A
but who has not exhausted any remaining ap-
peal rights.
‘‘(2) STAY OF REMOVAL.—
‘‘(A) IN GENERAL.—The Attorney General
may stay the removal of an alien under this
subsection if the Attorney General decides
that—
‘‘(i) immediate removal is not prac-
ticable or proper; or
‘‘(ii) the alien is needed to testify for
the United States Government in the pros-
ecution of a person for a violation of a law
of the United States.
‘‘(B) PAYMENT OF DETENTION COSTS.—
During the period an alien is detained because
of a stay of removal under subparagraph
(A)(ii), the Attorney General may pay from the
appropriation ‘Immigration and Naturalization
Service—Salaries and Expenses’—
‘‘(i) the cost of maintenance of the
alien; and
‘‘(ii) a witness fee of $1 a day.
‘‘(C) RELEASE DURING STAY.—The Attor-
ney General may release an alien, whose re-
Title III, Subtitle A
moval is stayed under subparagraph (A)(ii)
on—
‘‘(i) the alien’s filing a bond of at
least $500 with security approved by the
Attorney General;
‘‘(ii) condition that the alien appear
when required as a witness and for re-
moval; and
‘‘(iii) other conditions the Attorney
General may prescribe.
‘‘(3) COSTS OF DETENTION AND MAINTENANCE
PENDING REMOVAL.—
‘‘(A) GENERAL.—Except as provided in
subparagraph (B) and paragraph (4), an owner
of a vessel or aircraft bringing an alien to the
United States shall pay the costs of detaining
and maintaining the alien—
‘‘(i) while the alien is detained under
subsection (d)(1), and
‘‘(ii) in the case of an alien who is a
stowaway, while the alien is being detained
pursuant 
to 
subsection 
(d)(2)(A) 
or
(d)(2)(B)(ii).
‘‘(B) 
NONAPPLICATION.—Subparagraph
(A) shall not apply if—
101
Title III, Subtitle A
‘‘(g) PLACES OF DETENTION.—The Attorney Gen-
eral shall arrange for appropriate places of detention for
aliens detained pending removal or a decision on removal.
When United States Government facilities are unavailable
or facilities adapted or suitably located for detention are
unavailable for rental, the Attorney General may expend
from the appropriation ‘Immigration and Naturalization
Service—Salaries and Expenses’, without regard to sec-
tion 3709 of the Revised Statutes (41 U.S.C. 5), amounts
necessary to acquire land and to acquire, build, remodel,
repair, and operate facilities (including living quarters for
immigration officers if not otherwise available) necessary
for detention.’’.
SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SEC-
TION 242).
(a) IN GENERAL.—Section 242 (8 U.S.C. 1252) is
amended—
(1) by redesignating subsection (j) as a sub-
section (h) and by moving such subsection and add-
ing it at the end of section 241, as amended by sec-
tion 305(3); and
(2) by amending the remainder of section 242
to read as follows:
‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL
‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—