‘‘(3) SUPERVISION AFTER 90-DAY PERIOD.—If
the alien does not leave or is not removed within the
removal period, the alien, pending removal, shall be
subject to supervision under regulations prescribed
by the Attorney General. The regulations shall in-
clude provisions requiring the alien—
‘‘(A) to appear before an immigration offi-
cer periodically for identification;
‘‘(B) to submit, if necessary, to a medical
and psychiatric examination at the expense of
the United States Government;
‘‘(C) to give information under oath about
the alien’s nationality, circumstances, habits,
associations, and activities, and other informa-
tion the Attorney General considers appro-
priate; and
‘‘(D) to obey reasonable written restric-
tions on the alien’s conduct or activities that
the Attorney General prescribes for the alien.
‘‘(4) ALIENS IMPRISONED, ARRESTED, OR ON
PAROLE, SUPERVISED RELEASE, OR PROBATION.—
‘‘(A) IN GENERAL.—Except as provided in
section 343(a) of the Public Health Service Act
(42 U.S.C. 259(a)) and paragraph (2), the At-
torney General may not remove an alien who is
sentenced to imprisonment until the alien is re-
leased from imprisonment. Parole, supervised
release, probation, or possibility of arrest or
further imprisonment is not a reason to defer
removal.
‘‘(B) EXCEPTION FOR REMOVAL OF NON-
VIOLENT
OFFENDERS
PRIOR
TO
COMPLETION
OF SENTENCE OF IMPRISONMENT.—The Attor-
ney General is authorized to remove an alien in
accordance with applicable procedures under
this Act before the alien has completed a sen-
tence of imprisonment—
‘‘(i) in the case of an alien in the cus-
tody of the Attorney General, if the Attor-
ney General determines that (I) the alien
is confined pursuant to a final conviction
for a nonviolent offense (other than an of-
fense related to smuggling or harboring of
aliens) and (II) the removal of the alien is
appropriate and in the best interest of the
United States; or
‘‘(ii) in the case of an alien in the cus-
tody of a State (or a political subdivision
of a State), if the chief State official exer-
cising authority with respect to the incar-
ceration of the alien determines that (I)
the alien is confined pursuant to a final
conviction for a nonviolent offense, (II) the
removal is appropriate and in the best in-
terest of the State, and (III) submits a
written request to the Attorney General
that such alien be so removed.
‘‘(C) NOTICE.—Any alien removed pursu-
ant to this paragraph shall be notified of the
penalties under the laws of the United States
relating to the reentry of deported aliens, par-
ticularly the expanded penalties for aliens re-
moved under subparagraph (B).
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS
AGAINST ALIENS ILLEGALLY REENTERING.—If the
Attorney General finds that an alien has reentered
the United States illegally after having been removed
or having departed voluntarily, under an order of re-
moval, the prior order of removal is reinstated from
its original date and is not subject to being reopened
or reviewed, and the alien shall be removed under
the prior order at any time after the reentry.
‘‘(6) INADMISSIBLE ALIENS.—An alien ordered
removed who is inadmissible under section 212 may
be detained beyond the removal period and, if re-
100
leased, shall be subject to the terms of supervision
in paragraph (3).
‘‘(7) EMPLOYMENT AUTHORIZATION.—No alien
ordered removed shall be eligible to receive author-
ization to be employed in the United States unless
the Attorney General makes a specific finding that—
‘‘(A) the alien cannot be removed due to
the refusal of all countries designated by the
alien or under this section to receive the alien,
or
‘‘(B) the removal of the alien is otherwise
impracticable or contrary to the public interest.
‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE RE-
MOVED.—
‘‘(1) ALIENS
ARRIVING
AT
THE
UNITED
STATES.—Subject to paragraph (3)—
‘‘(A) IN GENERAL.—Except as provided by
subparagraphs (B) and (C), an alien who ar-
rives at the United States and with respect to
whom proceedings under section 240 were initi-
ated at the time of such alien’s arrival shall be
removed to the country in which the alien
boarded the vessel or aircraft on which the alien
arrived in the United States.
101
‘‘(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.
102
‘‘(iv) A country with a government
that will accept the alien into the country’s
territory if removal to each country de-
scribed in a previous clause of this sub-
paragraph 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 alien not described in para-
graph (1) who has been ordered 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-
103
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 30 days after the date the At-
torney 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—
104
‘‘(i) does not inform the Attorney
General or the alien finally, within 30 days
after the date the Attorney General first
inquires or within another period of time
the Attorney General decides is reasonable,
whether the government will accept 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.
105
‘‘(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 each
country described in a previous clause of
this subparagraph, another country whose
government will accept the alien into that
country.
‘‘(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-
106
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-
107
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 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 Unit-
ed 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 (or felo-
nies) for which the alien has been sentenced to
an aggregate term of imprisonment of at least
5 years shall be considered to have committed
108
a particularly serious crime. For purposes of
clause (iv), an 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 regarding as a danger to the secu-
rity 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—
‘‘(i) who has been ordered removed in
accordance with section 235(a)(1),
‘‘(ii) who has requested asylum, and
109
‘‘(iii) whose application has not been
adjudicated or whose asylum application
has been denied but who has not exhausted
all appeal 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 in
the prosecution of a person for a violation
of a law of the United States or of any
State.
‘‘(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.
110
‘‘(C) RELEASE DURING STAY.—The Attor-
ney General may release an alien whose removal
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) IN GENERAL.—Except as provided in
subparagraph (B) and subsection (d), 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—
‘‘(I) 
subsection 
(d)(2)(A) 
or
(d)(2)(B)(i),
111
‘‘(II) subsection (d)(2)(B)(ii) or
(iii) for the period of time reasonably
necessary for the owner to arrange for
repatriation or removal of the stow-
away, including obtaining necessary
travel documents, but not to extend
beyond the date on which it is
ascertained that such travel docu-
ments cannot be obtained from the
country to which the stowaway is to
be returned, or
‘‘(III) section 235(b)(1)(B)(ii),
for a period not to exceed 15 days
(excluding Saturdays, Sundays, and
holidays) commencing on the first
such day which begins on the earlier
of 72 hours after the time of the ini-
tial presentation of the stowaway for
inspection or at the time the stow-
away is determined to have a credible
fear of persecution.
‘‘(B) 
NONAPPLICATION.—Subparagraph
(A) shall not apply if—
‘‘(i) the alien is a crewmember;
‘‘(ii) the alien has an immigrant visa;
112
‘‘(iii) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States and applies for admis-
sion not later than 120 days after the date
the visa or documentation was issued;
‘‘(iv) the alien has a reentry permit
and applies for admission not later than
120 days after the date of the alien’s last
inspection and admission;
‘‘(v)(I) the alien has a nonimmigrant
visa or other documentation authorizing
the alien to apply for temporary admission
to the United States or a reentry permit;
‘‘(II) the alien applies for admission
more than 120 days after the date the visa
or documentation was issued or after the
date of the last inspection and admission
under the reentry permit; and
‘‘(III) the owner of the vessel or air-
craft satisfies the Attorney General that
the existence of the condition relating to
inadmissibility could not have been discov-
ered by exercising reasonable care before
the alien boarded the vessel or aircraft; or
113
‘‘(vi) the individual claims to be a na-
tional of the United States and has a Unit-
ed States passport.
‘‘(d) REQUIREMENTS
OF
PERSONS
PROVIDING
TRANSPORTATION.—
‘‘(1) REMOVAL
AT
TIME
OF
ARRIVAL.—An
owner, agent, master, commanding officer, person in
charge, purser, or consignee of a vessel or aircraft
bringing an alien (except an alien crewmember) to
the United States shall—
‘‘(A) receive an alien back on the vessel or
aircraft or another vessel or aircraft owned or
operated by the same interests if the alien is or-
dered removed under this part; and
‘‘(B) take the alien to the foreign country
to which the alien is ordered removed.
‘‘(2) ALIEN
STOWAWAYS.—An owner, agent,
master, commanding officer, charterer, or consignee
of a vessel or aircraft arriving in the United States
with an alien stowaway—
‘‘(A) shall detain the alien on board the
vessel or aircraft, or at such place as the Attor-
ney General shall designate, until completion of
the inspection of the alien by an immigration
officer;
116
moval shall be at the expense of the appropriation
for the enforcement of this Act.
‘‘(3) COSTS OF REMOVAL FROM PORT OF RE-
MOVAL FOR ALIENS ADMITTED OR PERMITTED TO
LAND.—
‘‘(A) THROUGH
APPROPRIATION.—Except
as provided in subparagraph (B), in the case of
an alien who has been admitted or permitted to
land and is ordered removed, the cost (if any)
of removal of the alien from the port of removal
shall be at the expense of the appropriation for
the enforcement of this Act.
‘‘(B) THROUGH OWNER.—
‘‘(i) IN GENERAL.—In the case of an
alien described in clause (ii), the cost of re-
moval of the alien from the port of removal
may be charged to any owner of the vessel,
aircraft, or other transportation line by
which the alien came to the United States.
‘‘(ii) ALIENS
DESCRIBED.—An alien
described in this clause is an alien who—
‘‘(I) is admitted to the United
States (other than lawfully admitted
for permanent residence) and is or-
dered removed within 5 years of the
117
date of admission based on a ground
that existed before or at the time of
admission, or
‘‘(II) is an alien crewman per-
mitted to land temporarily under sec-
tion 252 and is ordered removed with-
in 5 years of the date of landing.
‘‘(C) COSTS
OF
REMOVAL
OF
CERTAIN
ALIENS GRANTED VOLUNTARY DEPARTURE.—In
the case of an alien who has been granted vol-
untary departure under section 240B and who
is financially unable to depart at the alien’s own
expense and whose removal the Attorney Gen-
eral deems to be in the best interest of the
United States, the expense of such removal may
be paid from the appropriation for the enforce-
ment of this Act.
‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING
REMOVAL.—
‘‘(1) IN GENERAL.—If the Attorney General be-
lieves that an alien being removed requires personal
care because of the alien’s mental or physical condi-
tion, the Attorney General may employ a suitable
person for that purpose who shall accompany and
118
care for the alien until the alien arrives at the final
destination.
‘‘(2) COSTS.—The costs of providing the service
described in paragraph (1) shall be defrayed in the
same manner as the expense of removing the accom-
panied alien is defrayed under this section.
‘‘(g) PLACES OF DETENTION.—
‘‘(1) IN GENERAL.—The Attorney General shall
arrange for appropriate places of detention for aliens
detained pending removal or a decision on removal.
When United States Government facilities are un-
available or facilities adapted or suitably located for
detention are unavailable for rental, the Attorney
General may expend from the appropriation ‘Immi-
gration and Naturalization Service—Salaries and
Expenses’, without regard to section 3709 of the Re-
vised 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) nec-
essary for detention.
‘‘(2) DETENTION FACILITIES OF THE IMMIGRA-
TION AND NATURALIZATION SERVICE.—Prior to ini-
tiating any project for the construction of any new
detention facility for the Service, the Commissioner
119
shall consider the availability for purchase or lease
of any existing prison, jail, detention center, or other
comparable facility suitable for such use.
‘‘(h) STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to create any substantive or pro-
cedural right or benefit that is legally enforceable by any
party against the United States or its agencies or officers
or any other person.’’.
(b) MODIFICATION OF AUTHORITY.—
(1) Section 241(i), as redesignated by section
306(a)(1), is amended—
(A) in paragraph (3)(A) by striking ‘‘fel-
ony and sentenced to a term of imprisonment’’
and inserting ‘‘felony or two or more mis-
demeanors’’, and
(B) by adding at the end the following new
paragraph:
‘‘(6) In this subsection, the term ‘incarceration’
includes imprisonment in a State or local prison or
jail the time of which is counted towards completion
of a sentence or the detention of an alien previously
convicted of a felony or misdemeanor who has been
arrested and is being held pending judicial action on
new charges or pending transfer to Federal cus-
tody.’’.
120
(2) The amendments made by paragraph (1)
shall apply beginning with fiscal year 1996.
(c) REENTRY OF ALIEN REMOVED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Section 276(b)
(8 U.S.C. 1326(b)), as amended by section 321(b), is
amended—
(1) by striking ‘‘or’’ at the end of paragraph
(2),
(2) by adding ‘‘or’’ at the end of paragraph (3),
and
(3) by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) who was removed from the United States
pursuant to section 241(a)(4)(B) who thereafter,
without the permission of the Attorney General, en-
ters, attempts to enter, or is at any time found in,
the United States (unless the Attorney General has
expressly consented to such alien’s reentry) shall be
fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.
(d) MISCELLANEOUS CONFORMING AMENDMENT.—
Section 212(a)(4) (8 U.S.C. 1182(a)(4)), as amended by
section 621(a), is amended by striking ‘‘241(a)(5)(B)’’
each place it appears and inserting ‘‘237(a)(5)(B)’’.
121
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 sub-
section (i) and by moving such subsection and add-
ing it at the end of section 241, as inserted by sec-
tion 305(a)(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.—
‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial
review of a final order of removal (other than an
order of removal without a hearing pursuant to sec-
tion 235(b)(1)) is governed only by chapter 158 of
title 28 of the United States Code, except as pro-
vided in subsection (b) and except that the court
may not order the taking of additional evidence
under section 2347(c) of such title.
‘‘(2) LIMITATIONS
ON
REVIEW
RELATING
TO
SECTION 235(b)(1).—Notwithstanding any other pro-
vision of law, no court shall have jurisdiction to re-
view—
‘‘(A) except as provided in subsection (f),
any individual determination or to entertain any
122
other cause or claim arising from or relating to
the implementation or operation of an order of
removal pursuant to section 235(b)(1),
‘‘(B) a decision by the Attorney General to
invoke the provisions of such section,
‘‘(C) the application of such section to in-
dividual aliens, including the determination
made under section 235(b)(1)(B), or
‘‘(D) procedures and policies adopted by
the Attorney General to implement the provi-
sions of section 235(b)(1).
‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No
alien shall have a right to appeal from a decision of
an immigration judge which is based solely on a cer-
tification described in section 240(c)(1)(B).
‘‘(b) REQUIREMENTS FOR ORDERS OF REMOVAL.—
With respect to review of an order of removal under sub-
section (a)(1), the following requirements apply:
‘‘(1) DEADLINE.—The petition for review must
be filed not later than 30 days after the date of the
final order of removal.
‘‘(2) VENUE AND FORMS.—The petition for re-
view shall be filed with the court of appeals for the
judicial circuit in which the immigration judge com-
pleted the proceedings. The record and briefs do not
123
have to be printed. The court of appeals shall review
the proceeding on a typewritten record and on type-
written briefs.
‘‘(3) SERVICE.—
‘‘(A) IN GENERAL.—The respondent is the
Attorney General. The petition shall be served
on the Attorney General and on the officer or
employee of the Service in charge of the Service
district in which the initial proceedings under
section 240 were conducted.
‘‘(B) STAY OF ORDER.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), service of the petition
on the officer or employee stays the re-
moval of an alien pending the court’s deci-
sion on the petition, unless the court or-
ders otherwise.
‘‘(ii) EXCEPTION.—If the alien has
been convicted of an aggravated felony, or
the alien has been ordered removed pursu-
ant to a finding that the alien is inadmis-
sible under section 212, service of the peti-
tion does not stay the removal unless the
court orders otherwise.
124
‘‘(4) DECISION.—Except as provided in para-
graph (5)(B)—
‘‘(A) the court of appeals shall decide the
petition only on the administrative record on
which the order of removal is based,
‘‘(B) the administrative findings of fact are
conclusive if supported by reasonable, substan-
tial, and probative evidence on the record con-
sidered as a whole, and
‘‘(C) a decision that an alien is not eligible
for admission to the United States is conclusive
unless manifestly contrary to law.
‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—
‘‘(A) COURT DETERMINATION IF NO ISSUE
OF FACT.—If the petitioner claims to be a na-
tional of the United States and the court of ap-
peals finds from the pleadings and affidavits
that no genuine issue of material fact about the
petitioner’s nationality is presented, the court
shall decide the nationality claim.
‘‘(B) TRANSFER
IF
ISSUE
OF
FACT.—If
the petitioner claims to be a national of the
United States and the court of appeals finds
that a genuine issue of material fact about the
petitioner’s nationality is presented, the court
125
shall transfer the proceeding to the district
court of the United States for the judicial dis-
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-
126
fore trial. The district court, without a jury,
shall decide the motion before trial.
‘‘(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.
127
‘‘(C) CONSEQUENCE OF INVALIDATION.—
If the district court rules that the removal order
is invalid, the court shall dismiss the indictment
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) except as provided in paragraph (3),
does not require the Attorney General to defer
removal of the alien.
‘‘(c) REQUIREMENTS FOR PETITION.—A petition for
review or for habeas corpus of an order of removal shall
128
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) LIMITED REVIEW FOR NON-PERMANENT RESI-
DENTS CONVICTED OF AGGRAVATED FELONIES.—
‘‘(1) IN GENERAL.—A petition for review filed
by an alien against whom a final order of removal
has been issued under section 238 may challenge
only whether—
‘‘(A) the alien is the alien described in the
order,
‘‘(B) the alien is an alien described in sec-
tion 238(b)(2) and has been convicted after
129
entry into the United States of an aggravated
felony, and
‘‘(C) proceedings against the alien com-
plied with section 238(b)(4).
‘‘(2) LIMITED JURISDICTION.—A court review-
ing the petition has jurisdiction only to review the is-
sues described in paragraph (1).
‘‘(f) JUDICIAL REVIEW OF ORDERS UNDER SECTION
235(b)(1).—
‘‘(1) APPLICATION.—The provisions of this sub-
section apply with respect to judicial review of or-
ders of removal effected under section 235(b)(1).
‘‘(2) LIMITATIONS ON RELIEF.—Regardless of
the nature of the action or claim and regardless of
the identity of the party or parties bringing the ac-
tion, no court shall have jurisdiction or authority to
enter declaratory, injunctive, or other equitable relief
not specifically authorized in this subsection, or to
certify a class under Rule 23 of the Federal Rules
of Civil Procedure.
‘‘(3) LIMITATION TO HABEAS CORPUS.—Judi-
cial review of any matter, cause, claim, or individual
determination made or arising under or pertaining
to section 235(b)(1) shall only be available in habeas
130
corpus proceedings, and shall be limited to deter-
minations 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 and is entitled to such further
inquiry as prescribed by the Attorney General
pursuant to section 235(b)(1)(C).
‘‘(4) DECISION.—In any case where the court
determines that the petitioner—
‘‘(A) is an alien who was not ordered re-
moved under section 235(b)(1), or
‘‘(B) has demonstrated by a preponderance
of the evidence that the alien is a lawful perma-
nent resident,
the court may order no remedy or relief other 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).
131
‘‘(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.
‘‘(g) LIMIT ON INJUNCTIVE RELIEF.—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 Immigration in
the National Interest Act of 1996, other than with respect
to the application of such provisions to an individual alien
against whom proceedings under such chapter have been
initiated.’’.
(b) REPEAL
OF SECTION 106.—Section 106 (8
U.S.C. 1105a) is repealed.
(c) TREATMENT OF POLITICAL SUBDIVISIONS.—Ef-
fective as of the date of the enactment of this Act, section
242(j), before being redesignated and moved under sub-
section (a)(1), is amended by adding at the end the follow-
ing new paragraph:
132
‘‘(6) For purposes of this subsection, the term
‘political subdivision’ includes a county, city, munici-
pality, or other similar subdivision recognized under
State law.’’.
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.—
‘‘(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
133
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
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;
134
‘‘(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-
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 will-
fully fail to comply with regulations or requirements issued
pursuant to section 241(a)(3) or knowingly give false in-
formation in response to an inquiry under such section
shall be fined not more than $1,000 or imprisoned for not
more than one year, or both.
135
‘‘(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.
‘‘(B) FAILURE TO REMOVE ALIEN STOW-
AWAYS.—If the Attorney General is satisfied
that a person has failed to remove an alien
stowaway as required under section 241(d)(2),
the person shall pay to the Commissioner the
sum of $5,000 for each alien stowaway not re-
moved.
‘‘(C) NO
COMPROMISE.—The Attorney
General may not compromise the amount of
such penalty under this paragraph.
‘‘(2) CLEARING VESSELS AND AIRCRAFT.—
‘‘(A) CLEARANCE
BEFORE
DECISION
ON
LIABILITY.—A vessel or aircraft may be grant-
ed clearance before a decision on liability is
made under paragraph (1) only if a bond ap-
proved by the Attorney General or an amount
136
sufficient to pay the civil penalty is deposited
with the Commissioner.
‘‘(B) PROHIBITION ON CLEARANCE WHILE
PENALTY
UNPAID.—A vessel or aircraft may
not be granted clearance if a civil penalty im-
posed under paragraph (1) is not paid.
‘‘(d) DISCONTINUING GRANTING VISAS TO NATION-
ALS OF COUNTRY DENYING OR DELAYING ACCEPTING
ALIEN.—On being notified by the Attorney General that
the government of a foreign country denies or unreason-
ably delays accepting an alien who is a citizen, subject,
national, or resident of that country after the Attorney
General asks whether the government will accept the alien
under this section, the Secretary of State shall order con-
sular officers in that foreign country to discontinue grant-
ing immigrant visas or nonimmigrant visas, or both, to
citizens, subjects, nationals, and residents of that country
until the Attorney General notifies the Secretary that the
country has accepted the alien.’’.
SEC. 308. REDESIGNATION AND REORGANIZATION OF
OTHER PROVISIONS; ADDITIONAL CONFORM-
ING AMENDMENTS.
(a) CONFORMING AMENDMENT TO TABLE OF CON-
TENTS; OVERVIEW OF REORGANIZED CHAPTERS.—The
137
table of contents, as amended by section 851(d)(1), is
amended—
(1) by striking the item relating to section 106,
and
(2) by striking the item relating to chapter 4 of
title II and all that follows through the item relating
to section 244A and inserting the following:
‘‘CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND
REMOVAL
‘‘Sec. 231. Lists of alien and citizen passengers arriving or departing; record
of resident aliens and citizens leaving permanently for foreign
country.
‘‘Sec. 232. Detention of aliens for physical and mental examination.
‘‘Sec. 233. Entry through or from foreign territory and adjacent islands; land-
ing stations.
‘‘Sec. 234. Designation of ports of entry for aliens arriving by civil aircraft.
‘‘Sec. 235. Inspection by immigration officers; expedited removal of inadmis-
sible arriving aliens; referral for hearing.
‘‘Sec. 236. Apprehension and detention of aliens not lawfully in the United
States.
‘‘Sec. 237. General classes of deportable aliens.
‘‘Sec. 238. Expedited removal of aliens convicted of committing aggravated felo-
nies.
‘‘Sec. 239. Initiation of removal proceedings.
‘‘Sec. 240. Removal proceedings.
‘‘Sec. 240A. Cancellation of removal; adjustment of status.
‘‘Sec. 240B. Voluntary departure.
‘‘Sec. 240C. Records of admission.
‘‘Sec. 241. Detention and removal of aliens ordered removed.
‘‘Sec. 242. Judicial review of orders of removal.
‘‘Sec. 243. Penalties relating to removal.
‘‘Sec. 244. Temporary protected status.
‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.
(b) REORGANIZATION
OF OTHER PROVISIONS.—
Chapters 4 and 5 of title II are amended as follows:
(1) AMENDING
CHAPTER
HEADING.—Amend
the heading for chapter 4 of title II to read as fol-
lows:
138
‘‘CHAPTER 4—INSPECTION, APPREHENSION,
EXAMINATION, EXCLUSION, AND REMOVAL’’.
(2) REDESIGNATING SECTION 232 AS SECTION
232(a).—Amend section 232 (8 U.S.C. 1222)—
(A) by inserting ‘‘(a) DETENTION
OF
ALIENS.—’’ after ‘‘SEC. 232.’’, and
(B) by amending the section heading to
read as follows:
‘‘DETENTION OF ALIENS FOR PHYSICAL AND MENTAL
EXAMINATION’’.
(3) REDESIGNATING SECTION 234 AS SECTION
232(b).—Amend section 234 (8 U.S.C. 1224)—
(A) by striking the heading,
(B) by striking ‘‘SEC. 234.’’ and inserting
the following: ‘‘(b) PHYSICAL AND MENTAL EX-
AMINATION.—’’, and
(C) by moving such provision to the end of
section 232.
(4) REDESIGNATING SECTION 238 AS SECTION
233.—Redesignate section 238 (8 U.S.C. 1228) as
section 233 and move the section to immediately fol-
low section 232.
(5) REDESIGNATING SECTION 242A AS SECTION
238.—Redesignate section 242A as section 238,
strike ‘‘DEPORTATION’’ in its heading and insert
‘‘REMOVAL’’, and move the section to immediately
139
follow section 237 (as redesignated by section
305(a)(2)).
(6) STRIKING
SECTION
242B.—Strike section
242B (8 U.S.C. 1252b).
(7) STRIKING SECTION 244 AND REDESIGNAT-
ING SECTION 244A AS SECTION 244.—Strike section
244 (8 U.S.C. 1254) and redesignate section 244A
as section 244.
(8) AMENDING
CHAPTER
HEADING.—Amend
the heading for chapter 5 of title II to read as fol-
lows:
‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.
(c) ADDITIONAL CONFORMING AMENDMENTS.—
(1) EXPEDITED
PROCEDURES
FOR
AGGRA-
VATED
FELONS
(FORMER
SECTION
242A).—Section
238 (which, previous to redesignation under section
308(b)(5), was section 242A) is amended—
(A) in subsection (a)(1), by striking ‘‘sec-
tion 242’’ and inserting ‘‘section 240’’;
(B) in subsection (a)(2), by striking ‘‘sec-
tion 242(a)(2)’’ and inserting ‘‘section 236(c)’’;
and
(C) in subsection (b)(1), by striking ‘‘sec-
tion 241(a)(2)(A)(iii)’’ and inserting ‘‘section
237(a)(2)(A)(iii)’’.
140
(2) 
TREATMENT
OF
CERTAIN
HELPLESS
ALIENS.—
(A) 
CERTIFICATION
OF
HELPLESS
ALIENS.—Section 232 (8 U.S.C. 1222), as
amended by section 308(b)(2), is further
amended by adding at the end the following
new subsection:
‘‘(c) 
CERTIFICATION
OF
CERTAIN
HELPLESS
ALIENS.—If an examining medical officer determines that
an alien arriving in the United States is inadmissible, is
helpless from sickness, mental or physical disability, or in-
fancy, and is accompanied by another alien whose protec-
tion or guardianship may be required, the officer may cer-
tify such fact for purposes of applying section
212(a)(10)(B) with respect to the other alien.’’.
(B) GROUND
OF
INADMISSIBILITY
FOR
PROTECTION
AND
GUARDIANSHIP
OF
ALIENS
DENIED
ADMISSION
FOR
HEALTH
OR
IN-
FANCY.—Subparagraph 
(B) 
of 
section
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesig-
nated by section 301(a)(1), is amended to read
as follows:
‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY
HELPLESS ALIEN.—Any alien—
141
‘‘(i) who is accompanying another
alien who is inadmissible and who is cer-
tified to be helpless from sickness, mental
or physical disability, or infancy pursuant
to section 232(c), and
‘‘(ii) whose protection or guardianship
is determined to be required by the alien
described in clause (i),
is inadmissible.’’.
(3) CONTINGENT CONSIDERATION IN RELATION
TO REMOVAL OF ALIENS.—Section 273(a) (8 U.S.C.
1323(a)) is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’, and
(B) by adding at the end the following new
paragraph:
‘‘(2) It is unlawful for an owner, agent, master, com-
manding officer, person in charge, purser, or consignee of
a vessel or aircraft who is bringing an alien (except an
alien crewmember) to the United States to take any con-
sideration to be kept or returned contingent on whether
an alien is admitted to, or ordered removed from, the
United States.’’.
(4) CLARIFICATION.—(A) Section 238(a)(1),
which, previous to redesignation under section
308(b)(5), was section 242A(a)(1), is amended by
142
adding at the end the following: ‘‘Nothing in this
section shall be construed to create any substantive
or procedural right or benefit that is legally enforce-
able by any party against the United States or its
agencies or officers or any other person.’’.
(B) Section 225 of the Immigration and Na-
tionality Technical Corrections Act of 1994 (Public
Law 103–416), as amended by section 851(b)(15),
is amended by striking ‘‘and nothing in’’ and all
that follows up to ‘‘shall’’.
(d) ADDITIONAL CONFORMING AMENDMENTS RE-
LATING TO EXCLUSION AND INADMISSIBILITY.—
(1) SECTION
212.—Section 212 (8 U.S.C.
1182(a)) is amended—
(A) in the heading, by striking ‘‘EX-
CLUDED
FROM’’ and inserting ‘‘INELIGIBLE
FOR’’;
(B) in the matter in subsection (a) before
paragraph (1), by striking all that follows ‘‘(a)’’
and inserting the following: ‘‘CLASSES
OF
ALIENS INELIGIBLE
FOR VISAS
OR ADMIS-
SION.—Except as otherwise provided in this
Act, aliens who are inadmissible under the fol-
lowing paragraphs are ineligible to receive visas
143
and ineligible to be admitted to the United
States:’’;
(C) in subsection (a), by striking ‘‘is ex-
cludable’’ and inserting ‘‘is inadmissible’’ each
place it appears;
(D) in subsections (a)(5)(C), (d)(1), (k),
by striking ‘‘exclusion’’ and inserting ‘‘inadmis-
sibility’’;
(E) in subsections (b), (d)(3), (h)(1)(A)(i),
and (k), by striking ‘‘excludable’’ each place it
appears and inserting ‘‘inadmissible’’;
(F) in subsection (b)(2), by striking ‘‘or
ineligible for entry’’;
(G) in subsection (d)(7), by striking ‘‘ex-
cluded from’’ and inserting ‘‘denied’’; and
(H) in subsection (h)(1)(B), by striking
‘‘exclusion’’ and inserting ‘‘denial of admis-
sion’’.
(2) SECTION
241.—Section 241 (8 U.S.C.
1251), before redesignation as section 237 by section
305(a)(2), is amended—
(A) in subsection (a)(1)(H), by striking
‘‘excludable’’ and inserting ‘‘inadmissible’’;
144
(B) in subsection (a)(4)(C)(ii), by striking
‘‘excludability’’ and inserting ‘‘inadmissibility’’;
and
(C) in subsection (c), by striking ‘‘exclu-
sion’’ and inserting ‘‘inadmissibility’’.
(3) OTHER GENERAL REFERENCES.—The fol-
lowing provisions are amended by striking ‘‘exclud-
ability’’ and ‘‘excludable’’ each place each appears
and inserting ‘‘inadmissibility’’ and ‘‘inadmissible’’,
respectively:
(A) Sections 101(f)(3), 213, 234 (before
redesignation by section 308(b)), 241(a)(1) (be-
fore 
redesignation 
by 
section 
305(a)(2)),
272(a), 
277, 
286(h)(2)(A)(v), 
and
286(h)(2)(A)(vi).
(B) Section 601(c) of the Immigration Act
of 1990.
(C) Section 128 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993
(Public Law 102–138).
(D) Section 1073 of the National Defense
Authorization Act for Fiscal Year 1995 (Public
Law 103–337).
145
(E) Section 221 of the Immigration and
Nationality Technical Corrections Act of 1994
(Public Law 103–416).
(4) RELATED TERMS.—
(A) 
Section 
101(a)(17) 
(8 
U.S.C.
1101(a)(17)) is amended by striking ‘‘or expul-
sion’’ and inserting ‘‘expulsion, or removal’’.
(B) Section 102 (8 U.S.C. 1102) is
amended by striking ‘‘exclusion or deportation’’
and inserting ‘‘removal’’.
(C) 
Section 
103(c)(2) 
(8 
U.S.C.
1103(c)(2)) is amended by striking ‘‘been ex-
cluded or deported’’ and inserting ‘‘not been ad-
mitted or have been removed’’.
(D) Section 206 (8 U.S.C. 1156) is
amended by striking ‘‘excluded from admission
to the United States and deported’’ and insert-
ing ‘‘denied admission to the United States and
removed’’.
(E) Section 216(f) (8 U.S.C. 1186a) is
amended by striking ‘‘exclusion’’ and inserting
‘‘inadmissibility’’.
(F) Section 217 (8 U.S.C. 1187) is amend-
ed by striking ‘‘excluded from admission’’ and
146
inserting ‘‘denied admission at the time of ar-
rival’’ each place it appears.
(G) Section 221(f) (8 U.S.C. 1201) is
amended by striking ‘‘exclude’’ and inserting
‘‘deny admission to’’.
(H) Section 232(a) (8 U.S.C. 1222(a)), as
redesignated by subsection (b)(2), is amended
by striking ‘‘excluded by’’ and ‘‘the excluded
classes’’ and inserting ‘‘inadmissible under’’ and
‘‘inadmissible classes’’, respectively.
(I)(i) Section 272 (8 U.S.C. 1322) is
amended—
(I) by striking ‘‘EXCLUSION’’ in the
heading and inserting ‘‘DENIAL OF ADMIS-
SION’’,
(II) in subsection (a), by striking ‘‘ex-
cluding condition’’ and inserting ‘‘condition
causing inadmissibility’’, and
(III) in subsection (c), by striking
‘‘excluding’’.
(ii) The item in the table of contents relat-
ing to such section is amended by striking ‘‘ex-
clusion’’ and inserting ‘‘denial of admission’’.
(J) Section 276(a) (8 U.S.C. 1326) is
amended—
147
(i) in paragraph (1), by striking ‘‘de-
ported or excluded and deported’’ and in-
serting ‘‘denied admission or removed’’,
and
(ii) in paragraph (2)(B), by striking
‘‘excluded and deported’’ and inserting
‘‘denied admission and removed’’.
(K) Section 286(h)(2)(A)(vi) (8 U.S.C.
1356(h)(2)(A)(vi)) is amended by striking ‘‘ex-
clusion’’ each place it appears and inserting
‘‘removal’’.
(L) Section 287 (8 U.S.C. 1357) is amend-
ed—
(i) in subsection (a), by striking ‘‘or
expulsion’’ each place it appears and in-
serting ‘‘expulsion, or removal’’, and
(ii) in subsection (c), by striking ‘‘ex-
clusion from’’ and inserting ‘‘denial of ad-
mission to’’.
(M) Section 290(a) (8 U.S.C. 1360(a)) is
amended by striking ‘‘admitted to the United
States, or excluded therefrom’’ each place it ap-
pears and inserting ‘‘admitted or denied admis-
sion to the United States’’.
148
(N) Section 291 (8 U.S.C. 1361) is
amended by striking ‘‘subject to exclusion’’ and
inserting ‘‘inadmissible’’ each place it appears.
(O) Section 292 (8 U.S.C. 1362) is
amended by striking ‘‘exclusion or deportation’’
each place it appears and inserting ‘‘removal’’.
(P) Section 360 (8 U.S.C. 1503) is amend-
ed—
(i) in subsection (a), by striking ‘‘ex-
clusion’’ each place it appears and insert-
ing ‘‘removal’’, and
(ii) in subsection (c), by striking ‘‘ex-
cluded from’’ and inserting ‘‘denied’’.
(Q) Section 301(a)(1) of the Immigration
Act of 1990 is amended by striking ‘‘exclusion’’
and inserting ‘‘inadmissibility’’.
(R) Section 401(c) of the Refugee Act of
1980 is amended by striking ‘‘deportation or
exclusion’’ and inserting ‘‘removal’’.
(S) Section 501(e)(2) of the Refugee Edu-
cation Assistance Act of 1980 (Public Law 96–
422) is amended—
(i) by striking ‘‘exclusion or deporta-
tion’’ each place it appears and inserting
‘‘removal’’, and
149
(ii) by striking ‘‘deportation or exclu-
sion’’ each place it appears and inserting
‘‘removal’’.
(T) Section 4113(c) of title 18, United
States Code, is amended by striking ‘‘exclusion
and deportation’’ and inserting ‘‘removal’’.
(e) REVISION OF TERMINOLOGY RELATING TO DE-
PORTATION.—
(1) Each of the following is amended by strik-
ing ‘‘deportation’’ each place it appears and insert-
ing ‘‘removal’’:
(A) Subparagraphs (A)(iii)(II), (A)(iv)(II),
and (B)(iii)(II) of section 204(a)(1) (8 U.S.C.
1154(a)(1)).
(B) 
Section 
212(d)(1) 
(8 
U.S.C.
1182(d)(1)).
(C) 
Section 
212(d)(11) 
(8 
U.S.C.
1182(d)(11)).
(D) 
Section 
214(k)(4)(C) 
(8 
U.S.C.
1184(k)(4)(C)), as redesignated by section
851(a)(3)(A).
(E) 
Section 
241(a)(1)(H) 
(8 
U.S.C.
1251(a)(1)(H)), before redesignation as section
237 by section 305(a)(2).
150
(F) Section 242A (8 U.S.C. 1252a), before
redesignation as section 238 by subsection
(b)(5).
(G) Subsections (a)(3) and (b)(5)(B) of
section 244A (8 U.S.C. 1254a), before redesig-
nation as section 244 by subsection (b)(7).
(H) Section 246(a) (8 U.S.C. 1256(a)).
(I) Section 254 (8 U.S.C. 1284).
(J) 
Section 
263(a)(4) 
(8 
U.S.C.
1303(a)(4)).
(K) Section 276(b) (8 U.S.C. 1326(b)).
(L) Section 286(h)(2)(A)(v) (8 U.S.C.
1356(h)(2)(A)(v)).
(M) Section 287(g) (8 U.S.C. 1357(g)) (as
added by section 122).
(N) Section 291 (8 U.S.C. 1361).
(O) Section 318 (8 U.S.C. 1429).
(P) Section 130005(a) of the Violent
Crime Control and Law Enforcement Act of
1994 (Public Law 103–322).
(Q) Section 4113(b) of title 18, United
States Code.
(2) Each of the following is amended by strik-
ing ‘‘deported’’ each place it appears and inserting
‘‘removed’’:
151
(A) 
Section 
212(d)(7) 
(8 
U.S.C.
1182(d)(7)).
(B) Section 214(d) (8 U.S.C. 1184(d)).
(C) Section 241(a) (8 U.S.C. 1251(a)), be-
fore redesignation as section 237 by section
305(a)(2).
(D) Section 242A(c)(2)(D)(iv) (8 U.S.C.
1252a(c)(2)(D)(iv)), as amended by section
851(b)(14) but before redesignation as section
238 by subsection (b)(5).
(E) Section 252(b) (8 U.S.C. 1282(b)).
(F) Section 254 (8 U.S.C. 1284).
(G) Subsections (b) and (c) of section 266
(8 U.S.C. 1306).
(H) Section 301(a)(1) of the Immigration
Act of 1990.
(I) Section 4113 of title 18, United States
Code.
(3) Section 101(g) (8 U.S.C. 1101(g)) is
amended by inserting ‘‘or removed’’ after ‘‘deported’’
each place it appears.
(4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is
amended by striking ‘‘suspension of deportation’’
and inserting ‘‘cancellation of removal’’.
152
(5) 
Section 
201(b)(1)(D) 
(8 
U.S.C.
1151(b)(1)(D)) is amended by striking ‘‘deportation
is suspended’’ and inserting ‘‘removal is canceled’’.
(6) 
Section 
212(l)(2)(B) 
(8 
U.S.C.
1182(l)(2)(B)) is amended by striking ‘‘deportation
against’’ and inserting ‘‘removal of’’.
(7) Subsections (b)(2), (c)(2)(B), (c)(3)(D),
(c)(4)(A), and (d)(2)(C) of section 216 (8 U.S.C.
1186a) are each amended by striking ‘‘DEPORTA-
TION’’, ‘‘deportation’’, ‘‘deport’’, and ‘‘deported’’
each place each appears and inserting ‘‘REMOVAL’’,
‘‘removal’’, ‘‘remove’’, and ‘‘removed’’, respectively.
(8) Subsections (b)(2), (c)(2)(B), (c)(3)(D),
and (d)(2)(C) of section 216A (8 U.S.C. 1186b) are
each amended by striking ‘‘DEPORTATION’’, ‘‘depor-
tation’’, ‘‘deport’’, and ‘‘deported’’ and inserting
‘‘REMOVAL’’, ‘‘removal’’, ‘‘remove’’, and ‘‘removed’’,
respectively.
(9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is
amended by striking ‘‘deportation against’’ and in-
serting ‘‘removal of’’.
(10) Section 242A (8 U.S.C. 1252a), before re-
designation as section 238 by subsection (b)(6), is
amended, in the headings to various subdivisions, by
153
striking ‘‘DEPORTATION’’ and ‘‘DEPORTATION’’ and
inserting ‘‘REMOVAL’’ and ‘‘REMOVAL’’, respectively.
(11) 
Section 
244A(a)(1)(A) 
(8 
U.S.C.
1254a(a)(1)(A)), before redesignation as section 244
by subsection (b)(8), is amended—
(A) in subsection (a)(1)(A), by striking
‘‘deport’’ and inserting ‘‘remove’’, and
(B) in subsection (e), by striking ‘‘SUS-
PENSION
OF
DEPORTATION’’ and inserting
‘‘CANCELLATION OF REMOVAL’’.
(12) Section 254 (8 U.S.C. 1284) is amended
by striking ‘‘deport’’ each place it appears and in-
serting ‘‘remove’’.
(13) Section 273(d) (8 U.S.C. 1323(d)) is re-
pealed.
(14)(A) Section 276 (8 U.S.C. 1326) is amend-
ed by striking ‘‘DEPORTED’’ and inserting ‘‘RE-
MOVED’’.
(B) The item in the table of contents relating
to such section is amended by striking ‘‘deported’’
and inserting ‘‘removed’’.
(15) Section 318 (8 U.S.C. 1429) is amended
by striking ‘‘suspending’’ and inserting ‘‘canceling’’.
154
(16) Section 301(a) of the Immigration Act of
1990 is amended by striking ‘‘DEPORTATION’’ and
inserting ‘‘REMOVAL’’.
(17) The heading of section 130005 of the Vio-
lent Crime Control and Law Enforcement Act of
1994 (Public Law 103–322) is amended by striking
‘‘DEPORTATION’’ and inserting ‘‘REMOVAL’’.
(18) Section 9 of the Peace Corps Act (22
U.S.C. 2508) is amended by striking ‘‘deported’’ and
all that follows through ‘‘Deportation’’ and inserting
‘‘removed pursuant to chapter 4 of title II of the Im-
migration and Nationality Act’’.
(19) Section 8(c) of the Foreign Agents Reg-
istration Act (22 U.S.C. 618(c)) is amended by
striking ‘‘deportation’’ and all that follows and in-
serting ‘‘removal pursuant to chapter 4 of title II of
the Immigration and Nationality Act.’’.
(f) REVISION OF REFERENCES TO ENTRY.—
(1) The following provisions are amended by
striking ‘‘entry’’ and inserting ‘‘admission’’ each
place it appears:
(A) Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)).
(B) 
Section 
101(a)(30) 
(8 
U.S.C.
1101(a)(30)).
155
(C) 
Section 
212(a)(2)(D) 
(8 
U.S.C.
1182(a)(2)(D)).
(D) Section 212(a)(6)(C)(i) (8 U.S.C.
1182(a)(6)(C)(i)).
(E) Section 212(h)(1)(A)(i) (8 U.S.C.
1182(h)(1)(A)(i)).
(F) 
Section 
212(j)(1)(D) 
(8 
U.S.C.
1182(j)(1)(D)).
(G) 
Section 
214(c)(2)(A) 
(8 
U.S.C.
1184(c)(2)(A)).
(H) Section 214(d) (8 U.S.C. 1184(d)).
(I) Section 216(b)(1)(A)(i) (8 U.S.C.
1186a(b)(1)(A)(i)).
(J) Section 216(d)(1)(A)(i)(III) (8 U.S.C.
1186a(d)(1)(A)(i)(III)).
(K) Subsection (b) of section 240 (8
U.S.C. 1230), before redesignation as section
240C by section 304(a)(2).
(L) Subsection (a)(1)(G) of section 241 (8
U.S.C. 1251), before redesignation as section
237 by section 305(a)(2).
(M) Subsection (a)(1)(H) of section 241 (8
U.S.C. 1251), before redesignation as section
237 by section 305(a)(2), other than the last
time it appears.
156
(N) Paragraphs (2) and (4) of subsection
(a) of section 241 (8 U.S.C. 1251), before re-
designation as section 237 by section 305(a)(2).
(O) 
Section 
245(e)(3) 
(8 
U.S.C.
1255(e)(3)).
(P) Section 247(a) (8 U.S.C. 1257(a)).
(Q) Section 601(c)(2) of the Immigration
Act of 1990.
(2) The following provisions are amended by
striking ‘‘enter’’ and inserting ‘‘be admitted’’:
(A) Section 204(e) (8 U.S.C. 1154(e)).
(B) Section 221(h) (8 U.S.C. 1201(h)).
(C) 
Section 
245(e)(2) 
(8 
U.S.C.
1255(e)(2)).
(3) The following provisions are amended by
striking ‘‘enters’’ and inserting ‘‘is admitted to’’:
(A) Section 212(j)(1)(D)(ii) (8 U.S.C.
1154(e)).
(B) 
Section 
214(c)(5)(B) 
(8 
U.S.C.
1184(c)(5)(B)).
(4) Subsection (a) of section 238 (8 U.S.C.
1228), before redesignation as section 233 by section
308(b)(4), is amended by striking ‘‘entry and inspec-
tion’’ and inserting ‘‘inspection and admission’’.
157
(5) Subsection (a)(1)(H)(ii) of section 241 (8
U.S.C. 1251), before redesignation as section 237 by
section 305(a)(2), is amended by striking ‘‘at
entry’’.
(6) Section 7 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403h) is amended by strik-
ing ‘‘that the entry’’, ‘‘given entry into’’, and ‘‘enter-
ing’’ and inserting ‘‘that the admission’’, ‘‘admitted
to’’, and ‘‘admitted to’’.
(7) Section 4 of the Atomic Weapons and Spe-
cial Nuclear Materials Rewards Act (50 U.S.C. 47c)
is amended by striking ‘‘entry’’ and inserting ‘‘ad-
mission’’.
(g) CONFORMING REFERENCES
TO REORGANIZED
SECTIONS.—
(1) REFERENCES TO SECTIONS 232, 234, 238,
239, 240, 241, 242A, AND 244A.—Any reference in law
in effect on the day before the date of the enactment
of this Act to section 232, 234, 238, 239, 240, 241,
242A, or 244A of the Immigration and Nationality
Act (or a subdivision of such section) is deemed, as
of the title III–A effective date, to refer to section
232(a), 232(b), 233, 234, 234A, 237, 238, or 244
of such Act (or the corresponding subdivision of
such section), as redesignated by this subtitle. Any
158
reference in law to section 241 (or a subdivision of
such section) of the Immigration and Nationality
Act in an amendment made by a subsequent subtitle
of this title is deemed a reference (as of the title
III–A effective date) to section 237 (or the cor-
responding subdivision of such section), as redesig-
nated by this subtitle.
(2) REFERENCES TO SECTION 106.—
(A) 
Sections 
242A(b)(3) 
and
242A(c)(3)(A)(ii) 
(8 
U.S.C. 
1252a(b)(3),
1252a(c)(3)(A)(ii)), as amended by section
851(b)(14) but before redesignation as section
238 by subsection (b)(5), are each amended by
striking ‘‘106’’ and inserting ‘‘242’’.
(B) 
Sections 
210(e)(3)(A) 
and
245A(f)(4)(A) 
(8 
U.S.C. 
1160(e)(3)(A),
1255a(f)(4)(A)) are amended by inserting ‘‘(as
in effect before October 1, 1996)’’ after ‘‘106’’.
(C) Section 242A(c)(3)(A)(iii) (8 U.S.C.
1252a(c)(3)(A)(iii)), as amended by section
851(b)(14) but before redesignation as section
238 by subsection (b)(5), is amended by strik-
ing ‘‘106(a)(1)’’ and inserting ‘‘242(b)(1)’’.
(3) REFERENCES TO SECTION 236.—
159
(A) Sections 205 and 209(a)(1) (8 U.S.C.
1155, 1159(a)(1)) are each amended by strik-
ing ‘‘236’’ and inserting ‘‘240’’.
(B) Section 4113(c) of title 18, United
States Code, is amended by striking ‘‘1226 of
title 8, United States Code’’ and inserting ‘‘240
of the Immigration and Nationality Act’’.
(4) REFERENCES TO SECTION 237.—
(A) 
Section 
209(a)(1) 
(8 
U.S.C.
1159(a)(1)) is amended by striking ‘‘237’’ and
inserting ‘‘241’’.
(B) 
Section 
212(d)(7) 
(8 
U.S.C.
1182(d)(7)) is amended by striking ‘‘237(a)’’
and inserting ‘‘241(c)’’.
(C) Section 280(a) (8 U.S.C. 1330(a)) is
amended by striking ‘‘237, 239, 243’’ and in-
serting ‘‘234, 243(c)(2)’’.
(5) REFERENCES TO SECTION 242.—
(A)(i) 
Sections 
214(d), 
252(b), 
and
287(f)(1) 
(8 
U.S.C. 
1184(d), 
1282(b),
1357(f)(1)) are each amended by striking
‘‘242’’ and inserting ‘‘240’’.
(ii) Subsection (c)(4) of section 242A (8
U.S.C. 
1252a), 
as 
amended 
by 
section
851(b)(14) but before redesignation as section
160
238 by subsection (b)(5), are each amended by
striking ‘‘242’’ and inserting ‘‘240’’.
(iii) Section 245A(a)(1)(B) (8 U.S.C.
1255a(a)(1)(B)) is amended by inserting ‘‘(as
in effect before October 1, 1996)’’ after ‘‘242’’.
(iv) Section 4113 of title 18, United States
Code, is amended—
(I) in subsection (a), by striking ‘‘sec-
tion 1252(b) or section 1254(e) of title 8,
United States Code,’’ and inserting ‘‘sec-
tion 240B of the Immigration and Nation-
ality Act’’; and
(II) in subsection (b), by striking
‘‘section 1252 of title 8, United States
Code,’’ and inserting ‘‘section 240 of the
Immigration and Nationality Act’’.
(B) Section 130002(a) of Public Law 103–
322, as amended by section 361(a), is amended
by 
striking 
‘‘242(a)(3)(A)’’ 
and 
inserting
‘‘236(d)’’.
(C) 
Section 
242A(b)(1) 
(8 
U.S.C.
1252a(b)(1)), before redesignation as section
238 by section 308(b)(5), is amended by strik-
ing ‘‘242(b)’’ and inserting ‘‘240’’.
161
(D) Section 242A(c)(2)(D)(ii) (8 U.S.C.
1252a(c)(2)(D)(ii)), as amended by section
851(b)(14) but before redesignation as section
238 by subsection (b)(5), is amended by strik-
ing ‘‘242(b)’’ and inserting ‘‘240’’.
(E) Section 1821(e) of title 28, United
States Code, is amended by striking ‘‘242(b)’’
and inserting ‘‘240’’.
(F) Section 130007(a) of Public Law 103–
322 is amended by striking ‘‘242(i)’’ and in-
serting ‘‘239(d)’’.
(G) Section 20301(c) of Public Law 103–
322 is amended by striking ‘‘242(j)(5)’’ and
‘‘242(j)’’ 
and 
inserting 
‘‘241(h)(5)’’ 
and
‘‘241(h)’’, respectively.
(6) REFERENCES TO SECTION 242B.—
(A) Section 303(d)(2) of the Immigration
Act of 1990 is amended by striking ‘‘242B’’
and inserting ‘‘240(b)(5)’’.
(B) Section 545(g)(1)(B) of the Immigra-
tion Act of 1990 is amended by striking
‘‘242B(a)(4)’’ and inserting ‘‘239(a)(4)’’.
(7) REFERENCES TO SECTION 243.—
162
(A) Section 214(d) (8 U.S.C. 1184(d)) is
amended by striking ‘‘243’’ and inserting
‘‘241’’.
(B)(i) Section 315(c) of the Immigration
Reform and Control Act of 1986 is amended by
striking ‘‘243(g)’’ and ‘‘1253(g)’’and inserting
‘‘243(d)’’ and ‘‘1253(d)’’ respectively.
(ii) Section 702(b) of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1988
is amended by striking ‘‘243(g)’’ and inserting
‘‘243(d)’’.
(iii) Section 903(b) of Public Law 100–204
is amended by striking ‘‘243(g)’’ and inserting
‘‘243(d)’’.
(C)(i) Section 6(f)(2)(F) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is
amended by striking ‘‘243(h)’’ and inserting
‘‘241(b)(3)’’.
(ii) Section 214(a)(5) of the Housing and
Community Development Act of 1980 (42
U.S.C. 1436a(a)(5)) is amended by striking
‘‘243(h)’’ and inserting ‘‘241(b)(3)’’.
(D)(i) Subsection (c)(2)(B)(ii) of section
244A (8 U.S.C. 1254a), before redesignated as
163
section 244 by section 308(b)(7), is amended by
striking 
‘‘243(h)(2)’’ 
and 
inserting
‘‘208(b)(2)(A)’’.
(ii) Section 301(e)(2) of the Immigration
Act 
of 
1990 
is 
amended 
by 
striking
‘‘243(h)(2)’’ and inserting ‘‘208(b)(2)(A)’’.
(E) Section 316(f) (8 U.S.C. 1427(f)) is
amended 
by 
striking 
‘‘subparagraphs 
(A)
through (D) of paragraph 243(h)(2)’’ and in-
serting ‘‘clauses (i) through (v) of section
208(b)(2)(A)’’.
(8) REFERENCES TO SECTION 244.—
(A)(i) Section 201(b)(1)(D) (8 U.S.C.
1151(b)(1)(D)) and subsection (e) of section
244A (8 U.S.C. 1254a), before redesignation as
section 244 by section 308(b)(7), are each
amended by striking ‘‘244(a)’’ and inserting
‘‘240A(a)’’.
(ii) Section 304(c)(1)(B) of the Miscellane-
ous and Technical Immigration and Naturaliza-
tion Amendments of 1991 (Public Law 102–
232) is amended by striking ‘‘244(a)’’ and in-
serting ‘‘240A(a)’’.
(B) Section 304(c)(1)(B) of the Mis-
cellaneous and Technical Immigration and Nat-
169
(C) the petition for judicial review must be
filed not later than 30 days after the date of
the final order of exclusion or deportation; and
(D) the petition for review shall be filed
with the court of appeals for the judicial circuit
in which the administrative proceedings before
the special inquiry officer or immigration judge
were completed.
(5) TRANSITIONAL
RULE
WITH
REGARD
TO
SUSPENSION
OF
DEPORTATION.—Paragraphs (1)
and (2) of section 240A(d) of the Immigration and
Nationality Act (relating to continuous residence or
physical presence) shall apply to notices to appear
issued after the date of the enactment of this Act.
(6) TRANSITION FOR CERTAIN FAMILY UNITY
ALIENS.—The Attorney General may waive the ap-
plication of section 212(a)(9) of the Immigration
and Nationality Act, as inserted by section
301(b)(1), in the case of an alien who is provided
benefits under the provisions of section 301 of the
Immigration Act of 1990 (relating to family unity).
(7) LIMITATION ON SUSPENSION OF DEPORTA-
TION.—The Attorney General may not suspend the
deportation and adjust the status under section 244
of the Immigration and Nationality Act of more
176
‘‘(1) the alien who is the subject of the applica-
tion has been correctly identified and is an alien ter-
rorist, and
‘‘(2) adherence to the provisions of title II re-
garding the removal of the identified alien would
pose a risk to the national security of the United
States.
‘‘(c) DENIAL OF ORDER.—If the judge denies the
order requested in the application, the judge shall prepare
a written statement of the judge’s reasons for the denial.
‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is
issued under this section with respect to an alien—
‘‘(1) the alien’s rights regarding removal and
expulsion shall be governed solely by the provisions
of this title, and
‘‘(2) except as they are specifically referenced,
no other provisions of this Act shall be applicable.
‘‘SPECIAL REMOVAL HEARINGS
‘‘SEC. 505. (a) IN GENERAL.—In any case in which
the application for the order is approved under section
504, a special removal hearing shall be conducted under
this section for the purpose of determining whether the
alien to whom the order pertains should be removed from
the United States on the grounds that the alien is an alien
terrorist. Consistent with section 506, the alien shall be
given reasonable notice of the nature of the charges
184
‘‘(i) WRITTEN ORDER.—At the time of rendering a
decision as to whether the alien shall be removed, the
judge shall prepare a written order containing a statement
of facts found and conclusions of law. Any portion of the
order that would reveal the substance or source of infor-
mation received in camera and ex parte pursuant to sub-
section (e) shall not be made available to the alien or the
public.
‘‘CONSIDERATION OF CLASSIFIED INFORMATION
‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX
PARTE.—In any case in which the application for the
order authorizing the special procedures of this title is ap-
proved, the judge who granted the order shall consider
each item of classified information the Department of Jus-
tice proposes to introduce in camera and ex parte at the
special removal hearing and shall order the introduction
of such information pursuant to section 505(e) if the judge
determines the information to be relevant.
‘‘(b) PREPARATION
AND PROVISION
OF WRITTEN
SUMMARY.—
‘‘(1) PREPARATION.—The Department of Jus-
tice shall prepare a written summary of such classi-
fied information which does not pose a risk to na-
tional security.
‘‘(2) CONDITIONS
FOR
APPROVAL
BY
JUDGE
AND PROVISION TO ALIEN.—The judge shall approve
197
General, in consultation with the Secretary
of State, impair the obligation of the
United States under any treaty (including
a treaty pertaining to extradition) or other-
wise adversely affect the foreign policy of
the United States.
‘‘(ii) ALTERNATE COUNTRIES.—If the
alien refuses to designate a country to
which the alien wishes to be removed or if
the Attorney General, in consultation with
the Secretary of State, determines that re-
moval of the alien to the country so des-
ignated would impair a treaty obligation or
adversely affect United States foreign pol-
icy, the Attorney General shall cause the
alien to be removed to any country willing
to receive such alien.
‘‘(C) 
CONTINUED
DETENTION.—If 
no
country is willing to receive such an alien, the
Attorney General may, notwithstanding any
other provision of law, retain the alien in cus-
tody. The Attorney General, in coordination
with the Secretary of State, shall make periodic
efforts to reach agreement with other countries
to accept such an alien and at least every 6
221
‘‘(B) Civil penalties collected under sections
240B(d), 274C, 274D, and 275(b).
‘‘(3)(A) The Secretary of the Treasury shall refund
out of the Immigration Enforcement Account to any ap-
propriation the amount paid out of such appropriation for
expenses incurred by the Attorney General for activities
that enhance enforcement of provisions of this title, in-
cluding—
‘‘(i) the identification, investigation, apprehen-
sion, detention, and removal of criminal aliens;
‘‘(ii) the maintenance and updating of a system
to identify and track criminal aliens, deportable
aliens, inadmissible aliens, and aliens illegally enter-
ing the United States; and
‘‘(iii) for the repair, maintenance, or construc-
tion on the United States border, in areas experienc-
ing high levels of apprehensions of illegal aliens, of
structures to deter illegal entry into the United
States.
‘‘(B) The amounts which are required to be refunded
under subparagraph (A) shall be refunded at least quar-
terly on the basis of estimates made by the Attorney Gen-
eral of the expenses referred to in subparagraph (A).
Proper adjustments shall be made in the amounts subse-
quently refunded under subparagraph (A) to the extent