1527
‘‘(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.
(c) MISCELLANEOUS CONFORMING AMENDMENT.—
Section 212(a)(4) (8 U.S.C. 1182(a)(4)), as amended by
section 621(a) of this division, is amended by striking
‘‘241(a)(5)(B)’’ each place it appears and inserting
‘‘237(a)(5)(B)’’.
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) of this division; and
(2) by amending the remainder of section 242
to read as follows:
‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL
‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—
1528
‘‘(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) MATTERS NOT SUBJECT TO JUDICIAL RE-
VIEW.—
‘‘(A) REVIEW
RELATING
TO
SECTION
235(b)(1).—Notwithstanding any other provision
of law, no court shall have jurisdiction to re-
view—
‘‘(i) except as provided in subsection
(e), any individual determination or to en-
tertain any other cause or claim arising
from or relating to the implementation or
operation of an order of removal pursuant
to section 235(b)(1),
‘‘(ii) except as provided in subsection
(e), a decision by the Attorney General to
invoke the provisions of such section,
‘‘(iii) the application of such section
to individual aliens, including the deter-
1529
mination made under section 235(b)(1)(B),
or
‘‘(iv) except as provided in subsection
(e), procedures and policies adopted by the
Attorney General to implement the provi-
sions of section 235(b)(1).
‘‘(B) DENIALS
OF
DISCRETIONARY
RE-
LIEF.—Notwithstanding any other provision of
law, no court shall have jurisdiction to review—
‘‘(i) any judgment regarding the
granting of relief under section 212(h),
212(i), 240A, 240B, or 245, or
‘‘(ii) any other decision or action of
the Attorney General the authority for
which is specified under this title to be in
the discretion of the Attorney General,
other than the granting of relief under sec-
tion 208(a).
‘‘(C) 
ORDERS
AGAINST
CRIMINAL
ALIENS.—Notwithstanding any other provision
of law, no court shall have jurisdiction to review
any final order of removal against an alien who
is removable by reason of having committed a
criminal offense covered in section 212(a)(2) or
237(a)(2)(A)(iii), (B), (C), or (D), or any of-
1530
fense covered by section 237(a)(2)(A)(ii) for
which both predicate offenses are, without re-
gard to their date of commission, otherwise cov-
ered by section 237(a)(2)(A)(i).
‘‘(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 REVIEW OF ORDERS OF
REMOVAL.—With respect to review of an order of removal
under subsection (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
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
1531
employee of the Service in charge of the Service
district in which the final order of removal
under section 240 was entered.
‘‘(B) STAY OF ORDER.—Service of the pe-
tition on the officer or employee does not stay
the removal of an alien pending the court’s de-
cision on the petition, unless the court orders
otherwise.
‘‘(C) ALIEN’S
BRIEF.—The alien shall
serve and file a brief in connection with a peti-
tion for judicial review not later than 40 days
after the date on which the administrative
record is available, and may serve and file a
reply brief not later than 14 days after service
of the brief of the Attorney General, and the
court may not extend these deadlines except
upon motion for good cause shown. If an alien
fails to file a brief within the time provided in
this paragraph, the court shall dismiss the ap-
peal unless a manifest injustice would result.
‘‘(4) SCOPE AND STANDARD FOR REVIEW.—Ex-
cept as provided in paragraph (5)(B)—
‘‘(A) the court of appeals shall decide the
petition only on the administrative record on
which the order of removal is based,
1532
‘‘(B) the administrative findings of fact are
conclusive unless any reasonable adjudicator
would be compelled to conclude to the contrary,
‘‘(C) a decision that an alien is not eligible
for admission to the United States is conclusive
unless manifestly contrary to law, and
‘‘(D) the Attorney General’s discretionary
judgment whether to grant relief under section
208(a) shall be conclusive unless manifestly
contrary to the law and an abuse of discretion.
‘‘(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
shall transfer the proceeding to the district
court of the United States for the judicial dis-