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8 U.S.C. § 1252a — Transferred

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1252a — Transferred

### Statutory Notes #### Codification Section 1252a, act June 27, 1952, ch. 477, title II, ch. 5, § 242A, as added Nov. 18, 1988, Pub. L. 100–690, title VII, § 7347(a), 102 Stat. 4471, as amended, which related to expedited removal of aliens convicted of committing aggravated felonies, was renumbered section 238 of ch. 4 of title II of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 308(b)(5), Sept. 30, 1996, 110 Stat. 3009–615, and was transferred to [section 1228 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1228&num=0&edition=prelim).

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Source location: Title 8, Chapter 12, § 1252a; chapter-012-immigration-and-nationality.md

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1228 — Expedited removal of aliens convicted of committing aggravated felonies

**(a) Removal of criminal aliens** (1) **In general** — The Attorney General shall provide for the availability of special removal proceedings at certain Federal, State, and local correctional facilities for aliens convicted of any criminal offense covered in section 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2/A/ii&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2/A/i&num=0&edition=prelim). Such proceedings shall be conducted in conformity with [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim) (except as otherwise provided in this section), and in a manner which eliminates the need for additional detention at any processing center of the Service and in a manner which assures expeditious removal following the end of the alien’s incarceration for the underlying sentence. Nothing in this section 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. (2) **Implementation** — With respect to an alien convicted of an aggravated felony who is taken into custody by the Attorney General pursuant to [section 1226(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1226/c&num=0&edition=prelim), the Attorney General shall, to the maximum extent practicable, detain a

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim)) is governed only by chapter 158 of title 28, except as provided 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 review** (A) *Review relating to section 1225(b)(1)* — Notwithstanding any other provision of law (statutory or nonstatutory), including [section 2241 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2241&num=0&edition=prelim), or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review— (i) except as provided in subsection (e), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim), (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 determination made under [section 1225(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1/B&num=0&edition=prelim), or (iv) except as provided in subsection (e), procedures and policies adopted by the Attorney General to implement the prov

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1252a — Transferred

Page 344 TITLE 8—ALIENS AND NATIONALITY § 1252a 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 Pub. L. 103–322, title XIII, § 130008, Sept. 13, 1994, 108 Stat. 2029, provided that: ‘‘(a) IN GENERAL.—Subject to subsection (b) and not- withstanding 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 as- sisting the Immigration and Naturalization Service in the transportation of deportable aliens who are ar- rested 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 depar- ture 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 termi- nate or rescind the exercise of the authority under sub- section (a) if the Attorney General determines that the exercise of such authority has resulted in discrimina- tion by law enforcement officials on the basis of race, color, or national origin.’’ § 1252a. Transferred Editorial Notes CODIFICATION Section 1252a, act June 27, 1952, ch. 477, title II, ch. 5, § 242A, as added Nov. 18, 1988, Pub. L. 100–690, title VII, § 7347(a), 102 Stat. 4471, as amended, which related to ex- pedited removal of aliens convicted of committing ag- gravated felonies, was renumbered section 238 of ch. 4 of title II of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 308(b)(5), Sept. 30, 1996, 110 Stat. 3009–615, and was trans

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