
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1533]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
            SUBCHAPTER V--ALIEN TERRORIST REMOVAL PROCEDURES
 
Sec. 1533. Removal court procedure


(a) Application

                           (1) In general

        In any case in which the Attorney General has classified 
    information that an alien is an alien terrorist, the Attorney 
    General may seek removal of the alien under this subchapter by 
    filing an application with the removal court that contains--
            (A) the identity of the attorney in the Department of 
        Justice making the application;
            (B) a certification by the Attorney General or the Deputy 
        Attorney General that the application satisfies the criteria and 
        requirements of this section;
            (C) the identity of the alien for whom authorization for the 
        removal proceeding is sought; and
            (D) a statement of the facts and circumstances relied on by 
        the Department of Justice to establish probable cause that--
                (i) the alien is an alien terrorist;
                (ii) the alien is physically present in the United 
            States; and
                (iii) with respect to such alien, removal under 
            subchapter II of this chapter would pose a risk to the 
            national security of the United States.

                             (2) Filing

        An application under this section shall be submitted ex parte 
    and in camera, and shall be filed under seal with the removal court.

(b) Right to dismiss

    The Attorney General may dismiss a removal action under this 
subchapter at any stage of the proceeding.

(c) Consideration of application

                       (1) Basis for decision

        In determining whether to grant an application under this 
    section, a single judge of the removal court may consider, ex parte 
    and in camera, in addition to the information contained in the 
    application--
            (A) other information, including classified information, 
        presented under oath or affirmation; and
            (B) testimony received in any hearing on the application, of 
        which a verbatim record shall be kept.

                        (2) Approval of order

        The judge shall issue an order granting the application, if the 
    judge finds that there is probable cause to believe that--
            (A) the alien who is the subject of the application has been 
        correctly identified and is an alien terrorist present in the 
        United States; and
            (B) removal under subchapter II of this chapter would pose a 
        risk to the national security of the United States.

                         (3) Denial of order

        If the judge denies the order requested in the application, the 
    judge shall prepare a written statement of the reasons for the 
    denial, taking all necessary precautions not to disclose any 
    classified information contained in the Government's application.

(d) Exclusive provisions

    If an order is issued under this section granting an application, 
the rights of the alien regarding removal and expulsion shall be 
governed solely by this subchapter, and except as they are specifically 
referenced in this subchapter, no other provisions of this chapter shall 
be applicable.

(June 27, 1952, ch. 477, title V, Sec. 503, as added Pub. L. 104-132, 
title IV, Sec. 401(a), Apr. 24, 1996, 110 Stat. 1259.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1534, 1535, 1536 of this 
title.
