date of this Act, shall remain in effect until amend-
ed or revoked by the appellate division. 
(b) INSTITUTIONAL TRANSFER.— 
(1) EXECUTIVE OFFICE FOR IMMIGRATION RE-
VIEW.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), all functions under the Ex-
ecutive Office for Immigration Review on the 
date that is the day before the application date 
of this Act are transferred to the Immigration 
Courts on the application date of this Act. 
(B) EXCEPTIONS.— 
(i) OCAHO.—The Office of the Chief 
Administrative Hearing Officer and the 
functions of the Executive Office for Immi-
gration Review that support such office 
shall remain under the Department of Jus-
tice. 
(ii) OTHER
FUNCTIONS.—The func-
tions of the Executive Office for Immigra-
tion Review that are not necessary or ap-
propriate for transfer to the Immigration 
Courts shall be reassigned to other agen-
cies within the Department of Justice or 
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dissolved at the discretion of the Attorney 
General. 
(2) TRANSFER
AND
ALLOCATION
OF
APPRO-
PRIATIONS AND PERSONNEL.—Except as provided in 
this section, the personnel of the Executive Office 
for Immigration Review employed in connection with 
the functions transferred by this section, and the as-
sets, liabilities, contracts, property, records, and un-
expended balance of appropriations, authorizations, 
allocations, and other funds employed, held, used, 
arising from, available to, or to be made available to, 
the Executive Office for Immigration Review, in con-
nection with the functions transferred by this sec-
tion, subject to section 202 of the Budget and Ac-
counting Procedures Act of 1950, shall be trans-
ferred to the Immigration Courts on the application 
date of this Act. Unexpended funds transferred pur-
suant to this paragraph shall be used only for the 
purposes for which the funds were originally author-
ized and appropriated. 
(3) PENDING CASES.— 
(A) IN GENERAL.—The enactment of this 
Act shall not result in any loss of rights or pow-
ers, interruption of jurisdiction, or prejudice to 
matters under title II of the Immigration and 
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Nationality Act (8 U.S.C. 1151 et seq.) which 
are pending before the Board of Immigration 
Appeals or an immigration judge on the appli-
cation date of this Act. 
(B) TRANSFER.—All proceedings under 
title II of the Immigration and Nationality Act 
(8 U.S.C. 1151 et seq.) which are pending be-
fore the Board of Immigration Appeals or an 
immigration judge on the application date of 
this Act shall be transferred to the Immigration 
Courts to proceed before the trial division or 
the appellate division as appropriate. 
SEC. 8. REVIEW BY THE JUDICIAL CONFERENCE; CON-
SULTATION REQUIREMENTS. 
The Judicial Conference of the United States shall 
conduct a review of adjudications in the United States Im-
migration Courts at least once every 4 years, as part of 
its comprehensive survey of business in the courts of the 
United States conducted pursuant to title 28, section 331. 
At the conclusion of its review, the Judicial Conference 
shall submit a report of its findings to the appellate divi-
sion and the Committee on the Judiciary of the House 
of Representatives and the Committee on the Judiciary 
of the Senate. The Committees shall cause to have such 
report printed in the Congressional Record. 
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SEC. 9. TECHNICAL AND CONFORMING PROVISIONS. 
(a) IN GENERAL.—The Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) is amended— 
(1) in section 101(b), by amending paragraph 
(4) to read as follows: 
‘‘(4) The term ‘immigration judge’ means an immi-
gration appeals judge or immigration trial judge appointed 
to serve in the United States Immigration Courts estab-
lished under title VI.’’; 
(2) in section 238(a)(1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Immigration Courts’’; and 
(B) by striking ‘‘Service’’ and inserting 
‘‘Department of Homeland Security’’; 
(3) in section 238(a)(2), by striking ‘‘Attorney 
General’’ each place such term appears and inserting 
‘‘Secretary of Homeland Security’’; 
(4) in section 238(a)(3)— 
(A) by amending subparagraph (A) to read 
as follows: 
‘‘(A) Notwithstanding any other provision of law, in 
the case of any alien convicted of an aggravated felony, 
removal proceedings, and any administrative appeals 
thereof, shall be completed, to the extent possible, before 
the alien’s release from incarceration for the underlying 
aggravated felony.’’; and 
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(B) in subparagraph (B), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; 
(5) in section 238(a)(4)(A) by striking ‘‘Attor-
ney General’’ each place it appears and inserting 
‘‘administrative council of the Immigration Courts’’; 
(6) in section 238(b)(1) by striking ‘‘Attorney 
General’’ and inserting ‘‘immigration judge’’; 
(7) in section 238(b)(3)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
(B) by striking ‘‘apply for’’ and inserting 
‘‘seek’’; 
(8) in section 238(b) by amending paragraph 
(4) to read as follows— 
‘‘(4) In any proceeding under this subsection— 
‘‘(A) the alien shall— 
‘‘(i) be given reasonable notice of the 
charges and of the opportunity described 
in subparagraph (C); 
‘‘(ii) have the privilege of being rep-
resented (at no expense to the government) 
by such counsel, authorized to practice in 
such proceedings, as the alien shall choose; 
and 
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‘‘(iii) have a reasonable opportunity to 
inspect the evidence and rebut the charges; 
and 
‘‘(B) the immigration judge shall ensure 
that— 
‘‘(i) a determination is made for the 
record that the individual upon whom the 
notice for the proceeding under this section 
is served (either in person or by mail) is, 
in fact, the alien named in such notice; and 
‘‘(ii) a record is maintained for judi-
cial review.’’; 
(9) in section 238(b)(5)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘immigration judge’’; and 
(B) by striking ‘‘Attorney General’s’’ and 
inserting ‘‘immigration judge’s’’; 
(10) by redesignating the second subsection (c) 
of section 238 as subsection (d) and in the newly 
designated subsection (d)— 
(A) by striking ‘‘Commissioner’’ in each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; 
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(B) by striking ‘‘Attorney General’’ in each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(C) by striking ‘‘Service’’ in paragraph 
(2)(A) and inserting ‘‘Secretary of Homeland 
Security’’; 
(11) in section 239(a) by striking ‘‘Attorney 
General’’ in each place such term appears and in-
serting ‘‘Immigration Courts’’; 
(12) in section 239(b)(2) by striking ‘‘Attorney 
General’’ and inserting ‘‘Immigration Courts’’; 
(13) in section 239(b)(3) by striking ‘‘Attorney 
General’’ and inserting ‘‘immigration judge’’; 
(14) in section 239(d)(1) by striking ‘‘Attorney 
General’’ and inserting ‘‘immigration judge’’; 
(15) in section 240(b)— 
(A) by striking paragraphs (1) and (6); 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (1) through (4), re-
spectively; 
(C) by redesignating paragraph (7) as 
paragraph (5); 
(D) by amending paragraph (1) as redesig-
nated by this paragraph to read as follows: 
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‘‘(1) FORM OF PROCEEDING.—The proceeding 
may take place— 
‘‘(A) in person; or 
‘‘(B) through video conference, subject to 
rules promulgated under section 622(a)(5).’’; 
(E) in paragraph (2) as redesignated by 
this paragraph, by striking ‘‘Attorney General’’ 
and inserting ‘‘immigration judge’’; 
(F) in paragraph (3) as redesignated by 
this paragraph— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘, under regulations 
of the Attorney General’’; and 
(ii) in subparagraph (A) by striking ‘‘, 
at no expense to the Government, by coun-
sel of the alien’s choosing who is author-
ized to practice in such proceedings’’ and 
inserting ‘‘in accordance with section 
623(a)’’; and 
(G) in paragraph (4)(A) as redesignated 
by this paragraph— 
(i) by striking ‘‘Service’’ and inserting 
‘‘Government’’; and 
(ii) by amending the last sentence to 
read as follows: ‘‘Written notice shall be 
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considered sufficient for purposes of this 
subparagraph if provided at the most re-
cent 
address 
provided 
under 
section 
239(a)(1)(F).’’; 
(16) in section 240(c)(2), in the matter fol-
lowing subparagraph (B), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(17) in section 240(c)(3)— 
(A) by striking ‘‘SERVICE’’ in the heading 
and inserting ‘‘GOVERNMENT’’; and 
(B) by striking ‘‘Service’’ in each place 
such term appears and inserting ‘‘Govern-
ment’’; 
(18) in section 240(c)(7)(C)(iv)(II)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘immigration judge’’; and 
(B) by striking ‘‘Immigration and Natu-
ralization Service’’ and inserting ‘‘Secretary of 
Homeland Security’’; 
(19) in section 240(c)(7)(C)(iv)(III)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘immigration judge’’; and 
(B) by striking ‘‘Attorney General’s’’ and 
inserting ‘‘immigration judge’s’’; 
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(20) in section 240(d) by amending the first 
sentence to read as follows: ‘‘An immigration judge 
may enter an order of removal stipulated to by the 
alien (or the alien’s representative) and the Govern-
ment.’’; 
(21) in section 242(a)(2)(A) by striking ‘‘Attor-
ney General’’ in each place such term appears and 
inserting ‘‘Secretary of Homeland Security’’; 
(22) in section 242(a)(2)(B)(ii), by striking 
‘‘Attorney General’’ each place it appears and insert-
ing ‘‘the appellate division of the Immigration 
Courts’’; 
(23) in section 242(a), by adding at the end the 
following: 
‘‘(6) VENUE.—For purposes of judicial review 
under this section and section 625(d), the venue of 
a proceeding before the court of appeals is in the ju-
dicial circuit in which— 
‘‘(A) an immigration trial judge of the Im-
migration Court issued the original underlying 
decision in the matter; or 
‘‘(B) the underlying administrative action 
reviewed by the appellate division of the Court 
occurred.’’; 
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(24) in section 242(b)(2) by inserting ‘‘trial’’ 
after ‘‘immigration’’; 
(25) in section 242(b)(3)(A)— 
(A) by striking ‘‘Attorney General’’ in the 
first sentence and inserting ‘‘United States’’; 
and 
(B) by amending the second sentence to 
read as follows: ‘‘The petition shall be served on 
the Attorney General and on the officer or em-
ployee of the Department of Homeland Security 
in charge of the district in which the final order 
of removal under section 240 was entered.’’; 
(26) in section 242(b)(4)(D) by striking ‘‘Attor-
ney General’s’’ and inserting ‘‘immigration judge’s’’; 
(27) in section 242(b)(8) by striking ‘‘Attorney 
General’’ in each place such term appears and in-
serting ‘‘Secretary of Homeland Security’’; 
(28) in section 242(e)(2)(C) by striking ‘‘as 
prescribed by the Attorney General’’; 
(29) in section 242(e)(3)(A)(ii) by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of Home-
land Security’’; 
(30) in section 242(g) by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
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(31) in section 246(a)— 
(A) by striking ‘‘Attorney General’’ each 
place it appears and inserting ‘‘Secretary of 
Homeland Security’’; and 
(B) by striking the second sentence and in-
serting the following: ‘‘Upon request of the indi-
vidual whose status has been rescinded, the 
Secretary of Homeland Security shall refer such 
rescission to the United States Immigration 
Courts for review in accordance with section 
604(b)(1)(B).’’. 
(b) CONSTRUCTION OF EXISTING REFERENCES.—To 
the extent consistent with this Act, each reference in the 
Immigration and Nationality Act (8 U.S.C. et seq.), or 
in any rule prescribed thereunder— 
(1) to the Board of Immigration Appeals or an 
immigration judge, or any administrative appeal, 
hearing, review, or other proceeding before such 
Board or judge, shall be deemed to refer, as appro-
priate, to the United States Immigration Courts es-
tablished under title VI of the Immigration and Na-
tionality Act, as added by this Act, to the appro-
priate division of the Court, or to the corresponding 
proceedings under this Act before such Court; and 
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