
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1252]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                 Part V--Adjustment and Change of Status
 
Sec. 1252. Judicial review of orders of removal


(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 section 1225(b)(1) of this 
    title) is governed only by chapter 158 of title 28, except as 
    provided in subsection (b) of this section 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 review

        (A) Review relating to section 1225(b)(1)

            Notwithstanding any other provision of law, no court shall 
        have jurisdiction to review--
                (i) except as provided in subsection (e) of this 
            section, any individual determination or to entertain any 
            other cause or claim arising from or relating to the 
            implementation or operation of an order of removal pursuant 
            to section 1225(b)(1) of this title,
                (ii) except as provided in subsection (e) of this 
            section, a decision by the Attorney General to invoke the 
            provisions of such section,
                (iii) the application of such section to individual 
            aliens, including the determination made under section 
            1225(b)(1)(B) of this title, or
                (iv) except as provided in subsection (e) of this 
            section, procedures and policies adopted by the Attorney 
            General to implement the provisions of section 1225(b)(1) of 
            this title.

        (B) Denials of discretionary relief

            Notwithstanding any other provision of law, no court shall 
        have jurisdiction to review--
                (i) any judgment regarding the granting of relief under 
            section 1182(h), 1182(i), 1229b, 1229c, or 1255 of this 
            title, or
                (ii) any other decision or action of the Attorney 
            General the authority for which is specified under this 
            subchapter to be in the discretion of the Attorney General, 
            other than the granting of relief under section 1158(a) of 
            this title.

        (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 1182(a)(2) or 
        1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any 
        offense covered by section 1227(a)(2)(A)(ii) of this title for 
        which both predicate offenses are, without regard to their date 
        of commission, otherwise covered by section 1227(a)(2)(A)(i) of 
        this title.

                 (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 certification described 
    in section 1229a(c)(1)(B) of this title.

(b) Requirements for review of orders of removal

    With respect to review of an order of removal under subsection 
(a)(1) of this section, 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 review shall be filed with the court of appeals 
    for the judicial circuit in which the immigration judge completed 
    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 typewritten 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 
        final order of removal under section 1229a of this title was 
        entered.

        (B) Stay of order

            Service of the petition on the officer or employee does not 
        stay the removal of an alien pending the court's decision on the 
        petition, unless the court orders otherwise.

        (C) Alien's brief

            The alien shall serve and file a brief in connection with a 
        petition 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 appeal 
        unless a manifest injustice would result.

                  (4) Scope and standard for review

        Except 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,
            (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 1158(a) of this title 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 national of the United 
        States and the court of appeals 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 district 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.

        (C) Limitation on determination

            The petitioner may have such nationality claim decided only 
        as provided in this paragraph.

       (6) Consolidation with review of motions to reopen or 
                                 reconsider

        When a petitioner seeks review of an order under this section, 
    any review sought of a motion to reopen or reconsider 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 decided, a defendant in a criminal proceeding charged 
        with violating section 1253(a) of this title may challenge the 
        validity of the order in the criminal proceeding only by filing 
        a separate motion before trial. The district court, without a 
        jury, shall decide the motion before trial.

        (B) Claims of United States nationality

            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 presented, the court shall decide 
            the motion only on the administrative record on which the 
            removal order is based and the administrative 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 presented, 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.

        The defendant may have such nationality claim decided only as 
        provided in this subparagraph.

        (C) Consequence of invalidation

            If the district court rules that the removal order is 
        invalid, the court shall dismiss the indictment for violation of 
        section 1253(a) of this title. 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 1253(a) 
        of this title may not file a petition for review under 
        subsection (a) of this section during the criminal proceeding.

                          (8) Construction

        This subsection--
            (A) does not prevent the Attorney General, after a final 
        order of removal has been issued, from detaining the alien under 
        section 1231(a) of this title;
            (B) does not relieve the alien from complying with section 
        1231(a)(4) of this title and section 1253(g) \1\ of this title; 
        and
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
            (C) does not require the Attorney General to defer removal 
        of the alien.

         (9) Consolidation of questions for judicial review

        Judicial review of all questions of law and fact, including 
    interpretation and application of constitutional and statutory 
    provisions, arising from any action taken or proceeding brought to 
    remove an alien from the United States under this subchapter shall 
    be available only in judicial review of a final order under this 
    section.

(c) Requirements for petition

    A petition for review or for habeas corpus of an order of removal--
        (1) shall attach a copy of such order, and
        (2) shall state whether a court has upheld the validity of the 
    order, and, if so, shall state the name of the court, the date of 
    the court's ruling, and the kind of proceeding.

(d) Review of final orders

    A court may review a final order of removal only if--
        (1) the alien has exhausted all administrative remedies 
    available to the alien as of right, and
        (2) another court has not decided the validity of the order, 
    unless the reviewing court finds that the petition presents grounds 
    that could not have been presented in the prior judicial proceeding 
    or that the remedy provided by the prior proceeding was inadequate 
    or ineffective to test the validity of the order.

(e) Judicial review of orders under section 1225(b)(1)

                      (1) Limitations on relief

        Without regard to the nature of the action or claim and without 
    regard to the identity of the party or parties bringing the action, 
    no court may--
            (A) enter declaratory, injunctive, or other equitable relief 
        in any action pertaining to an order to exclude an alien in 
        accordance with section 1225(b)(1) of this title except as 
        specifically authorized in a subsequent paragraph of this 
        subsection, or
            (B) certify a class under Rule 23 of the Federal Rules of 
        Civil Procedure in any action for which judicial review is 
        authorized under a subsequent paragraph of this subsection.

                    (2) Habeas corpus proceedings

        Judicial review of any determination made under section 
    1225(b)(1) of this title is available in habeas corpus proceedings, 
    but shall be limited to determinations of--
            (A) whether the petitioner is an alien,
            (B) whether the petitioner was ordered removed under such 
        section, and
            (C) whether the petitioner can prove by a preponderance of 
        the evidence that the petitioner is an alien lawfully admitted 
        for permanent residence, has been admitted as a refugee under 
        section 1157 of this title, or has been granted asylum under 
        section 1158 of this title, such status not having been 
        terminated, and is entitled to such further inquiry as 
        prescribed by the Attorney General pursuant to section 
        1225(b)(1)(C) of this title.

              (3) Challenges on validity of the system

        (A) In general

            Judicial review of determinations under section 1225(b) of 
        this title and its implementation is available in an action 
        instituted in the United States District Court for the District 
        of Columbia, but shall be limited to determinations of--
                (i) whether such section, or any regulation issued to 
            implement such section, is constitutional; or
                (ii) whether such a regulation, or a written policy 
            directive, written policy guideline, or written procedure 
            issued by or under the authority of the Attorney General to 
            implement such section, is not consistent with applicable 
            provisions of this subchapter or is otherwise in violation 
            of law.

        (B) Deadlines for bringing actions

            Any action instituted under this paragraph must be filed no 
        later than 60 days after the date the challenged section, 
        regulation, directive, guideline, or procedure described in 
        clause (i) or (ii) of subparagraph (A) is first implemented.

        (C) Notice of appeal

            A notice of appeal of an order issued by the District Court 
        under this paragraph may be filed not later than 30 days after 
        the date of issuance of such order.

        (D) Expeditious consideration of cases

            It shall be the duty of the District Court, the Court of 
        Appeals, and the Supreme Court of the United States to advance 
        on the docket and to expedite to the greatest possible extent 
        the disposition of any case considered under this paragraph.

                            (4) Decision

        In any case where the court determines that the petitioner--
            (A) is an alien who was not ordered removed under section 
        1225(b)(1) of this title, or
            (B) has demonstrated by a preponderance of the evidence that 
        the alien is an alien lawfully admitted for permanent residence, 
        has been admitted as a refugee under section 1157 of this title, 
        or has been granted asylum under section 1158 of this title, the 
        court may order no remedy or relief other than to require that 
        the petitioner be provided a hearing in accordance with section 
        1229a of this title. Any alien who is provided a hearing under 
        section 1229a of this title pursuant to this paragraph may 
        thereafter obtain judicial review of any resulting final order 
        of removal pursuant to subsection (a)(1) of this section.

                        (5) Scope of inquiry

        In determining whether an alien has been ordered removed under 
    section 1225(b)(1) of this title, 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 inadmissible or entitled to any relief from 
    removal.

(f) Limit on injunctive relief

                           (1) In general

        Regardless of the nature of the action or claim or of the 
    identity of the party or parties bringing the action, no court 
    (other than the Supreme Court) shall have jurisdiction or authority 
    to enjoin or restrain the operation of the provisions of part IV of 
    this subchapter, as amended by the Illegal Immigration Reform and 
    Immigrant Responsibility Act of 1996, other than with respect to the 
    application of such provisions to an individual alien against whom 
    proceedings under such part have been initiated.

                        (2) Particular cases

        Notwithstanding any other provision of law, no court shall 
    enjoin the removal of any alien pursuant to a final order under this 
    section unless the alien shows by clear and convincing evidence that 
    the entry or execution of such order is prohibited as a matter of 
    law.

(g) Exclusive jurisdiction

    Except as provided in this section and notwithstanding any other 
provision of law, no court shall have jurisdiction to hear any cause or 
claim by or on behalf of any alien arising from the decision or action 
by the Attorney General to commence proceedings, adjudicate cases, or 
execute removal orders against any alien under this chapter.

(June 27, 1952, ch. 477, title II, ch. 5, Sec. 242, 66 Stat. 208; Sept. 
3, 1954, ch. 1263, Sec. 17, 68 Stat. 1232; Pub. L. 97-116, 
Sec. 18(h)(1), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 98-473, title II, 
Sec. 220(b), Oct. 12, 1984, 98 Stat. 2028; Pub. L. 99-603, title VII, 
Sec. 701, Nov. 6, 1986, 100 Stat. 3445; Pub. L. 100-525, Sec. 9(n), Oct. 
24, 1988, 102 Stat. 2620; Pub. L. 100-690, title VII, Sec. 7343(a), Nov. 
18, 1988, 102 Stat. 4470; Pub. L. 101-649, title V, Secs. 504(a), 
545(e), title VI, Sec. 603(b)(2), Nov. 29, 1990, 104 Stat. 5049, 5066, 
5085; Pub. L. 102-232, title III, Secs. 306(a)(4), (c)(7), 307(m)(2), 
309(b)(9), Dec. 12, 1991, 105 Stat. 1751, 1753, 1757, 1759; Pub. L. 103-
322, title II, Sec. 20301(a), title XIII, Sec. 130001(a), Sept. 13, 
1994, 108 Stat. 1823, 2023; Pub. L. 103-416, title II, Secs. 219(h), 
224(b), Oct. 25, 1994, 108 Stat. 4317, 4324; Pub. L. 104-132, title IV, 
Secs. 436(a), (b)(1), 438(a), 440(c), (h), Apr. 24, 1996, 110 Stat. 
1275, 1277, 1279; Pub. L. 104-208, div. C, title III, Secs. 306(a), (d), 
308(g)(10)(H), 371(b)(6), Sept. 30, 1996, 110 Stat. 3009-607, 3009-612, 
3009-625, 3009-645.)

                       References in Text

    Section 1253 of this title, referred to in subsec. (b)(8)(B), was 
amended generally by Pub. L. 104-208, div. C, title III, Sec. 307(a), 
Sept. 30, 1996, 110 Stat. 3009-612, and, as so amended, no longer 
contains a subsec. (g). Provisions similar to those contained in former 
subsec. (g) of section 1253 are now contained in subsec. (d) of section 
1253.
    Rule 23 of the Federal Rules of Civil Procedure, referred to in 
subsec. (e)(1)(B), is set out in the Appendix to Title 28, Judiciary and 
Judicial Procedure.
    The Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, referred to in subsec. (f)(1), is div. C of Pub. L. 104-208, Sept. 
30, 1996, 110 Stat. 3009-546. For complete classification of this Act to 
the Code, see Short Title of 1996 Amendment note set out under section 
1101 of this title and Tables.


                               Amendments

    1996--Pub. L. 104-208, Sec. 306(a)(2), amended section generally, 
substituting subsecs. (a) to (g) relating to judicial review of orders 
of removal for former subsecs. (a) to (i) relating to apprehension and 
deportation of aliens.
    Subsec. (a)(2). Pub. L. 104-132, Sec. 440(c)(2), struck out subpar. 
(B) which read as follows: ``The Attorney General may not release from 
custody any lawfully admitted alien who has been convicted of an 
aggravated felony, either before or after a determination of 
deportability, unless the alien demonstrates to the satisfaction of the 
Attorney General that such alien is not a threat to the community and 
that the alien is likely to appear before any scheduled hearings.''
    Pub. L. 104-132, Sec. 440(c)(1)(C), struck out ``but subject to 
subparagraph (B)'' before ``, the Attorney General shall not release''.
    Pub. L. 104-132, Sec. 440(c)(1)(B), as amended by Pub. L. 104-208, 
Secs. 306(d), 308(g)(10)(H), substituted ``any criminal offense covered 
in section 1251(a)(2)(A)(iii), (B), (C), or (D) of this title, or any 
offense covered by section 1227(a)(2)(A)(ii) of this title for which 
both predicate offenses are, without regard to the date of their 
commission, otherwise covered by section 1227(a)(2)(A)(i) of this 
title'' for ``an aggravated felony upon release of the alien (regardless 
of whether or not such release is on parole, supervised release, or 
probation, and regardless of the possibility of rearrest or further 
confinement in respect of the same offense)''.
    Pub. L. 104-132, Sec. 440(c)(1)(A), substituted ``(2) The Attorney'' 
for ``(2)(A) The Attorney''.
    Subsec. (b). Pub. L. 104-208, Sec. 371(b)(6), substituted ``An 
immigration judge'' for ``A special inquiry officer'', ``an immigration 
judge'' for ``a special inquiry officer'' in two places, and 
``immigration judge'' for ``special inquiry officer'' wherever 
appearing.
    Pub. L. 104-132, Sec. 436(a), inserted before period at end of 
second sentence ``; except that nothing in this subsection shall 
preclude the Attorney General from authorizing proceedings by electronic 
or telephonic media (with the consent of the alien) or, where waived or 
agreed to by the parties, in the absence of the alien''.
    Subsec. (c)(1). Pub. L. 104-132, Sec. 440(h)(1), designated existing 
provisions of subsec. (c) as par. (1) and substituted ``Subject to 
paragraph (2), when a final order'' for ``When a final order''.
    Subsec. (c)(2). Pub. L. 104-132, Sec. 440(h)(2), as amended by Pub. 
L. 104-208, Secs. 306(d), 308(g)(10)(H), added par. (2).
    Subsec. (h). Pub. L. 104-132, Sec. 438(a), amended subsec. (h) 
generally, restating prior single par. as par. (1) and adding pars. (2) 
and (3) authorizing the Attorney General to deport an alien prior to the 
completion of a sentence of imprisonment and requiring notice to 
deported aliens of penalties for reentry.
    Subsec. (i). Pub. L. 104-132, Sec. 436(b)(1), inserted at end 
``Nothing in this subsection shall be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States or its agencies or officers or 
any other person.''
    Subsec. (j). Pub. L. 104-208, Sec. 306(a)(1), redesignated subsec. 
(j) as subsec. (i) of section 1231 of this title.
    1994--Subsec. (b). Pub. L. 103-416, Sec. 224(b), substituted 
``Except as provided in section 1252a(d) of this title, the'' for 
``The'' in ninth sentence.
    Subsec. (e). Pub. L. 103-322, Sec. 130001(a), struck out ``paragraph 
(2), (3), or (4) of'' before ``section 1251(a) of this title'' and 
substituted ``shall be imprisoned not more than four years, or shall be 
imprisoned not more than ten years if the alien is a member of any of 
the classes described in paragraph (1)(E), (2), (3), or (4) of section 
1251(a) of this title.'' for ``shall be imprisoned not more than ten 
years''.
    Subsec. (h). Pub. L. 103-416, Sec. 219(h), substituted ``Parole,'' 
for ``Parole,,''.
    Subsec. (j). Pub. L. 103-322, Sec. 20301(a), added subsec. (j).
    1991--Subsec. (a)(2)(B). Pub. L. 102-232, Sec. 306(a)(4), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``The Attorney General shall release from custody an alien who is 
lawfully admitted for permanent residence on bond or such other 
conditions as the Attorney General may prescribe if the Attorney General 
determines that the alien is not a threat to the community and that the 
alien is likely to appear before any scheduled hearings.''
    Subsec. (b). Pub. L. 102-232, Sec. 306(c)(7), amended eighth 
sentence generally, substituting ``Such regulations shall include 
requirements that are consistent with section 1252b of this title and 
that provide that--'' and pars. (1) to (4) for ``Such regulations shall 
include requirements consistent with section 1252b of this title.''
    Subsec. (e). Pub. L. 102-232, Sec. 307(m)(2), substituted 
``paragraph (2), (3), or (4)'' for ``paragraphs (4), (5), (6), (7), 
(11), (12), (14), (15), (16), (17), (18), or (19)''.
    Subsec. (h). Pub. L. 102-232, Sec. 309(b)(9), inserted a comma after 
``Parole''.
    1990--Subsec. (a)(2). Pub. L. 101-649, Sec. 504(a), designated 
existing text as subpar. (A), substituted ``upon release of the alien 
(regardless of whether or not such release is on parole, supervised 
release, or probation, and regardless of the possibility of rearrest or 
further confinement in respect of the same offense)'' for ``upon 
completion of the alien's sentence for such conviction'' and 
``Notwithstanding paragraph (1) or subsections (c) and (d) of this 
section but subject to subparagraph (B)'' for ``Notwithstanding 
subsection (a) of this section'', and added subpar. (B).
    Subsec. (b). Pub. L. 101-649, Sec. 603(b)(2)(A), substituted ``(2), 
(3), or (4)'' for ``(4), (5), (6), (7), (11), (12), (14), (15), (16), 
(17), (18), or (19)''.
    Pub. L. 101-649, Sec. 545(e), amended eighth sentence generally. 
Prior to amendment, eighth sentence read as follows: ``Such regulations 
shall include requirements that--
        ``(1) the alien shall be given notice, reasonable under all the 
    circumstances, of the nature of the charges against him and of the 
    time and place at which the proceedings will be held;
        ``(2) the alien shall have the privilege of being represented 
    (at no expense to the Government) by such counsel, authorized to 
    practice in such proceedings, as he shall choose;
        ``(3) the alien shall have a reasonable opportunity to examine 
    the evidence against him, to present evidence in his own behalf, and 
    to cross-examine witnesses presented by the Government; and
        ``(4) no decision of deportability shall be valid unless it is 
    based upon reasonable, substantial, and probative evidence.''
    Subsec. (e). Pub. L. 101-649, Sec. 603(b)(2)(B), which directed the 
substitution of ``paragraph (2), (3) or (4)'' for ``paragraph (4), (5), 
(6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)'', could not 
be executed because the quoted language differed from the text. See 1991 
Amendment note above.
    1988--Subsec. (a). Pub. L. 100-690 designated existing provisions as 
par. (1), substituted ``Except as provided in paragraph (2), any'' for 
``Any'', redesignated cls. (1) to (3) as (A) to (C), respectively, and 
added pars. (2) and (3).
    Subsec. (e). Pub. L. 100-525 struck out ``or from September 23, 
1950, whichever is the later,'' after ``from the date of the final order 
of the court,''.
    1986--Subsec. (i). Pub. L. 99-603 added subsec. (i).
    1984--Subsec. (h). Pub. L. 98-473, which directed that ``supervised 
release,'' be inserted after ``parole,'', was executed by inserting 
``supervised release,'' after ``Parole,'' to reflect the probable intent 
of Congress.
    1981--Subsec. (b). Pub. L. 97-116, Sec. 18(h)(1)(A), substituted 
``(18), or (19)'' for ``or (18)'' in provision following par. (4).
    Subsec. (e). Pub. L. 97-116, Sec. 18(h)(1)(B), substituted ``(18), 
or (19)'' for ``or (18)''.
    1954--Subsec. (d). Act Sept. 3, 1954, struck out ``shall upon 
conviction be guilty of a felony.''


                    Effective Date of 1996 Amendments

    Section 306(c) of div. C of Pub. L. 104-208, as amended by Pub. L. 
104-302, Sec. 2(1), Oct. 11, 1996, 110 Stat. 3657, provided that:
    ``(1) In general.--Subject to paragraph (2), the amendments made by 
subsections (a) and (b) [amending this section and section 1231 of this 
title and repealing section 1105a of this title] shall apply as provided 
under section 309 [8 U.S.C. 1101 note], except that subsection (g) of 
section 242 of the Immigration and Nationality Act [8 U.S.C. 1252(g)] 
(as added by subsection (a)), shall apply without limitation to claims 
arising from all past, pending, or future exclusion, deportation, or 
removal proceedings under such Act [8 U.S.C. 1101 et seq.].
    ``(2) Limitation.--Paragraph (1) shall not be considered to 
invalidate or to require the reconsideration of any judgment or order 
entered under section 106 of the Immigration and Nationality Act [former 
8 U.S.C. 1105a], as amended by section 440 of Public Law 104-132.''
    [Section 2 of Pub. L. 104-302 provided that the amendment made by 
that section to section 306(c)(1) of Pub. L. 104-208, set out above, is 
effective Sept. 30, 1996.]
    Section 306(d) of div. C of Pub. L. 104-208 provided that the 
amendment made by that section is effective as if included in the 
enactment of the Antiterrorism and Effective Death Penalty Act of 1996, 
Pub. L. 104-132.
    Amendment by section 308(g)(10)(H) of Pub. L. 104-208 effective, 
with certain transitional provisions, on the first day of the first 
month beginning more than 180 days after Sept. 30, 1996, see section 309 
of Pub. L. 104-208, set out as a note under section 1101 of this title.
    Amendment by section 371(b)(6) of Pub. L. 104-208 effective Sept. 
30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a note 
under section 1101 of this title.
    For delayed effective date of amendment by section 440(c) of Pub. L. 
104-132, see section 303(b)(2) of Pub. L. 104-208, set out as a note 
under section 1226 of this title.
    Section 436(b)(3) of Pub. L. 104-132 provided that: ``The amendments 
made by this subsection [amending this section and provisions set out as 
a note under section 1101 of this title] shall take effect as if 
included in the enactment of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416).''


                    Effective Date of 1994 Amendments

    Amendment by section 219(h) of Pub. L. 103-416 effective as if 
included in the enactment of the Immigration Act of 1990, Pub. L. 101-
649, see section 219(dd) of Pub. L. 103-416, set out as a note under 
section 1101 of this title.
    Section 224(c) of Pub. L. 103-416 provided that: ``The amendments 
made by this section [amending this section and section 1252a of this 
title] shall apply to all aliens whose adjudication of guilt or guilty 
plea is entered in the record after the date of enactment of this Act 
[Oct. 25, 1994].''
    Section 20301(b) of Pub. L. 103-322 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect October 
1, 1994.''


                    Effective Date of 1991 Amendment

    Amendment by section 306(a)(4), (c)(7) of Pub. L. 102-232 effective 
as if included in the enactment of the Immigration Act of 1990, Pub. L. 
101-649, see section 310(1) of Pub. L. 102-232, set out as a note under 
section 1101 of this title.
    Section 307(m)(2) of Pub. L. 102-232 provided that the amendment 
made by that section is effective as if included in section 603(b) of 
the Immigration Act of 1990, Pub. L. 101-649.


                    Effective Date of 1990 Amendment

    Section 504(c) of Pub. L. 101-649 provided that: ``The amendments 
made by this section [amending this section and section 1226 of this 
title] shall take effect on the date of the enactment of this Act [Nov. 
29, 1990].''
    Section 545(g) of Pub. L. 101-649, as amended by Pub. L. 104-208, 
div. C, title III, Sec. 308(b)(6)(B), Sept. 30, 1996, 110 Stat. 3009-
623, provided that:
    ``(1) Notice-related provisions.--
        ``(A) Subsections (a), (b), (c), and (e)(1) of section 242B of 
    the Immigration and Nationality Act [former 8 U.S.C. 1252b(a), (b), 
    (c) and (e)(1)] (as inserted by the amendment made by subsection 
    (a)), and the amendment made by subsection (e) [amending this 
    section], shall be effective on a date specified by the Attorney 
    General in the certification described in subparagraph (B), which 
    date may not be earlier than 6 months after the date of such 
    certification.
        ``(B) The Attorney General shall certify to the Congress when 
    the central address file system (described in section 239(a)(4) 
    [probably means 239(a)(3)] of the Immigration and Nationality Act) 
    [8 U.S.C. 1229(a)(3)] has been established.
        ``(C) The Comptroller General shall submit to Congress, within 3 
    months after the date of the Attorney General's certification under 
    subparagraph (B), a report on the adequacy of such system.
    ``(2) Certain limits on discretionary relief; sanctions for 
frivolous behavior.--Subsections (d), (e)(2), and (e)(3) of section 242B 
of the Immigration and Nationality Act (as inserted by the amendment 
made by subsection (a)) shall be effective on the date of the enactment 
of this Act [Nov. 29, 1990].
    ``(3) Limits on discretionary relief for failure to appear in asylum 
hearing.--Subsection (e)(4) of section 242B of the Immigration and 
Nationality Act (as inserted by the amendment made by subsection (a)) 
shall be effective on February 1, 1991.
    ``(4) Consolidation of relief in judicial review.--The amendments 
made by subsection (b) [amending section 1105a of this title] shall 
apply to final orders of deportation entered on or after January 1, 
1991.''
    Amendment by section 603(b)(2) of Pub. L. 101-649 not applicable to 
deportation proceedings for which notice has been provided to the alien 
before Mar. 1, 1991, see section 602(d) of Pub. L. 101-649, set out as a 
note under section 1227 of this title.


                    Effective Date of 1988 Amendment

    Section 7343(c) of Pub. L. 100-690 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 1254 
of this title] shall apply to any alien who has been convicted, on or 
after the date of the enactment of this Act [Nov. 18, 1988], of an 
aggravated felony.''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable 
only to offenses committed after the taking effect of such amendment, 
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date 
note under section 3551 of Title 18, Crimes and Criminal Procedure.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this 
title.


                               Regulations

    Section 545(d) of Pub. L. 101-649 provided that: ``Within 6 months 
after the date of the enactment of this Act [Nov. 29, 1990], the 
Attorney General shall issue regulations with respect to--
        ``(1) the period of time in which motions to reopen and to 
    reconsider may be offered in deportation proceedings, which 
    regulations include a limitation on the number of such motions that 
    may be filed and a maximum time period for the filing of such 
    motions; and
        ``(2) the time period for the filing of administrative appeals 
    in deportation proceedings and for the filing of appellate and reply 
    briefs, which regulations include a limitation on the number of 
    administrative appeals that may be made, a maximum time period for 
    the filing of such motions and briefs, the items to be included in 
    the notice of appeal, and the consolidation of motions to reopen or 
    to reconsider with the appeal of the order of deportation.''


References to Order of Removal Deemed To Include Order of Exclusion and 
                               Deportation

    For purposes of carrying out this chapter, any reference in law to 
an order of removal is deemed to include a reference to an order of 
exclusion and deportation or an order of deportation, see section 
309(d)(2) of Pub. L. 104-208, set out in an Effective Date of 1996 
Amendments note under section 1101 of this title.


                 Authority To Accept Certain Assistance

    Section 130008 of Pub. L. 103-322 provided that:
    ``(a) In General.--Subject to subsection (b) and notwithstanding any 
other provision of law, the Attorney General, in the discretion of the 
Attorney General, may accept, hold, administer, and utilize gifts of 
property and services (which may not include cash assistance) from State 
and local governments for the purpose of assisting the Immigration and 
Naturalization Service in the transportation of deportable aliens who 
are arrested for misdemeanor or felony crimes under State or Federal law 
and who are either unlawfully within the United States or willing to 
submit to voluntary departure under safeguards. Any property acquired 
pursuant to this section shall be acquired in the name of the United 
States.
    ``(b) Limitation.--The Attorney General shall terminate or rescind 
the exercise of the authority under subsection (a) if the Attorney 
General determines that the exercise of such authority has resulted in 
discrimination by law enforcement officials on the basis of race, color, 
or national origin.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1228, 1229a, 1255a, 1326 of 
this title; title 40 section 613.
