
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: 8USC1535]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
            SUBCHAPTER V--ALIEN TERRORIST REMOVAL PROCEDURES
 
Sec. 1535. Appeals


(a) Appeal of denial of application for removal proceedings

                           (1) In general

        The Attorney General may seek a review of the denial of an order 
    sought in an application filed pursuant to section 1533 of this 
    title. The appeal shall be filed in the United States Court of 
    Appeals for the District of Columbia Circuit by notice of appeal 
    filed not later than 20 days after the date of such denial.

                        (2) Record on appeal

        The entire record of the proceeding shall be transmitted to the 
    Court of Appeals under seal, and the Court of Appeals shall hear the 
    matter ex parte.

                       (3) Standard of review

        The Court of Appeals shall--
            (A) review questions of law de novo; and
            (B) set aside a finding of fact only if such finding was 
        clearly erroneous.

(b) Appeal of determination regarding summary of classified information

                           (1) In general

        The United States may take an interlocutory appeal to the United 
    States Court of Appeals for the District of Columbia Circuit of--
            (A) any determination by the judge pursuant to section 
        1534(e)(3) of this title; or
            (B) the refusal of the court to make the findings permitted 
        by section 1534(e)(3) of this title.

                             (2) Record

        In any interlocutory appeal taken pursuant to this subsection, 
    the entire record, including any proposed order of the judge, any 
    classified information and the summary of evidence, shall be 
    transmitted to the Court of Appeals. The classified information 
    shall be transmitted under seal. A verbatim record of such appeal 
    shall be kept under seal in the event of any other judicial review.

(c) Appeal of decision in hearing

                           (1) In general

        Subject to paragraph (2), the decision of the judge after a 
    removal hearing may be appealed by either the alien or the Attorney 
    General to the United States Court of Appeals for the District of 
    Columbia Circuit by notice of appeal filed not later than 20 days 
    after the date on which the order is issued. The order shall not be 
    enforced during the pendency of an appeal under this subsection.

    (2) Automatic appeals in cases of permanent resident aliens 
                        in which no summary provided

        (A) In general

            Unless the alien waives the right to a review under this 
        paragraph, in any case involving an alien lawfully admitted for 
        permanent residence who is denied a written summary of 
        classified information under section 1534(e)(3) of this title 
        and with respect to which the procedures described in section 
        1534(e)(3)(F) of this title apply, any order issued by the judge 
        shall be reviewed by the Court of Appeals for the District of 
        Columbia Circuit.

        (B) Use of special attorney

            With respect to any issue relating to classified information 
        that arises in such review, the alien shall be represented only 
        by the special attorney designated under section 
        1534(e)(3)(F)(i) of this title on behalf of the alien.

                      (3) Transmittal of record

        In an appeal or review to the Court of Appeals pursuant to this 
    subsection--
            (A) the entire record shall be transmitted to the Court of 
        Appeals; and
            (B) information received in camera and ex parte, and any 
        portion of the order that would reveal the substance or source 
        of such information, shall be transmitted under seal.

                 (4) Expedited appellate proceeding

        In an appeal or review to the Court of Appeals under this 
    subsection--
            (A) the appeal or review shall be heard as expeditiously as 
        practicable and the court may dispense with full briefing and 
        hear the matter solely on the record of the judge of the removal 
        court and on such briefs or motions as the court may require to 
        be filed by the parties;
            (B) the Court of Appeals shall issue an opinion not later 
        than 60 days after the date of the issuance of the final order 
        of the district court;
            (C) the court shall review all questions of law de novo; and
            (D) a finding of fact shall be accorded deference by the 
        reviewing court and shall not be set aside unless such finding 
        was clearly erroneous, except that in the case of a review under 
        paragraph (2) in which an alien lawfully admitted for permanent 
        residence was denied a written summary of classified information 
        under section 1534(c)(3) \1\ of this title, the Court of Appeals 
        shall review questions of fact de novo.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be section ``1534(e)(3)''.
---------------------------------------------------------------------------

(d) Certiorari

    Following a decision by the Court of Appeals pursuant to subsection 
(c) of this section, the alien or the Attorney General may petition the 
Supreme Court for a writ of certiorari. In any such case, any 
information transmitted to the Court of Appeals under seal shall, if 
such information is also submitted to the Supreme Court, be transmitted 
under seal. Any order of removal shall not be stayed pending disposition 
of a writ of certiorari, except as provided by the Court of Appeals or a 
Justice of the Supreme Court.

(e) Appeal of detention order

                           (1) In general

        Sections 3145 through 3148 of title 18 pertaining to review and 
    appeal of a release or detention order, penalties for failure to 
    appear, penalties for an offense committed while on release, and 
    sanctions for violation of a release condition shall apply to an 
    alien to whom section 1537(b)(1) of this title applies. In applying 
    the previous sentence--
            (A) for purposes of section 3145 of such title an appeal 
        shall be taken to the United States Court of Appeals for the 
        District of Columbia Circuit; and
            (B) for purposes of section 3146 of such title the alien 
        shall be considered released in connection with a charge of an 
        offense punishable by life imprisonment.

                (2) No review of continued detention

        The determinations and actions of the Attorney General pursuant 
    to section 1537(b)(2)(C) of this title shall not be subject to 
    judicial review, including application for a writ of habeas corpus, 
    except for a claim by the alien that continued detention violates 
    the alien's rights under the Constitution. Jurisdiction over any 
    such challenge shall lie exclusively in the United States Court of 
    Appeals for the District of Columbia Circuit.

(June 27, 1952, ch. 477, title V, Sec. 505, as added Pub. L. 104-132, 
title IV, Sec. 401(a), Apr. 24, 1996, 110 Stat. 1263; amended Pub. L. 
104-208, div. C, title III, Sec. 354(a)(3), Sept. 30, 1996, 110 Stat. 
3009-642.)


                               Amendments

    1996--Subsec. (c)(1). Pub. L. 104-208, Sec. 354(a)(3)(A), 
substituted ``Subject to paragraph (2), the decision'' for ``The 
decision''.
    Subsec. (c)(2). Pub. L. 104-208, Sec. 354(a)(3)(D), added par. (2). 
Former par. (2) redesignated (3).
    Subsec. (c)(3). Pub. L. 104-208, Sec. 354(a)(3)(C), redesignated 
par. (2) as (3). Former par. (3) redesignated (4).
    Subsec. (c)(3)(D). Pub. L. 104-208, Sec. 354(a)(3)(B), inserted 
before period at end ``, except that in the case of a review under 
paragraph (2) in which an alien lawfully admitted for permanent 
residence was denied a written summary of classified information under 
section 1534(c)(3) of this title, the Court of Appeals shall review 
questions of fact de novo''.
    Subsec. (c)(4). Pub. L. 104-208, Sec. 354(a)(3)(C), redesignated 
par. (3) as (4).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 effective as if included in the 
enactment of subtitle A of title IV of the Antiterrorism and Effective 
Death Penalty Act of 1996, Pub. L. 104-132, see section 358 of Pub. L. 
104-208, set out as a note under section 1182 of this title.


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.
