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8 U.S.C. § 1254 — Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615

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

8 U.S.C. § 1254 — Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615

### Statutory Notes Section, acts June 27, 1952, ch. 477, title II, ch. 5, § 244, 66 Stat. 214; Oct. 24, 1962, Pub. L. 87–885, § 4, 76 Stat. 1247; Oct. 3, 1965, Pub. L. 89–236, § 12, 79 Stat. 918; Oct. 20, 1976, Pub. L. 94–571, § 7(f), 90 Stat. 2706; Oct. 30, 1978, Pub. L. 95–549, title I, § 105, 92 Stat. 2066; Mar. 17, 1980, Pub. L. 96–212, title II, § 203(d), 94 Stat. 107; Dec. 29, 1981, Pub. L. 97–116, §§ 9, 18(h)(2), (j), 95 Stat. 1616, 1620; Nov. 6, 1986, Pub. L. 99–603, title III, § 315(b), 100 Stat. 3439; Oct. 24, 1988, Pub. L. 100–525, § 2(q)(1), 102 Stat. 2613; Nov. 18, 1988, Pub. L. 100–690, title VII, § 7343(b), 102 Stat. 4470; Nov. 29, 1990, Pub. L. 101–649, title I, § 162(e)(2), title VI, § 603(b)(3), (4), 104 Stat. 5011, 5085; Dec. 12, 1991, Pub. L. 102–232, title III, § 307(m)(1), 105 Stat. 1757; Sept. 13, 1994, Pub. L. 103–322, title IV, § 40703, 108 Stat. 1955; Apr. 24, 1996, Pub. L. 104–132, title IV, § 413(b), (c), 110 Stat. 1269, related to suspension of deportation. See sections 1229b and 1229c of this title. #### Effective Date of Repeal Repeal 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 an Effective Date of 1996 Amendments note under [section 1101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim).

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Source location: Title 8, Chapter 12, § 1254; chapter-012-immigration-and-nationality.md

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

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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

8 U.S.C. § 1229a — Removal proceedings

**(a) Proceeding** (1) **In general** — An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien. (2) **Charges** — An alien placed in proceedings under this section may be charged with any applicable ground of inadmissibility under [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim) or any applicable ground of deportability under [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim). (3) **Exclusive procedures** — Unless otherwise specified in this chapter, a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in this section shall affect proceedings conducted pursuant to [section 1228 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1228&num=0&edition=prelim). **(b) Conduct of proceeding** (1) **Authority of immigration judge** — The immigration judge shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence. The immigration judge shall have authority (under regulations prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this chapter. (2) **Form of proceeding** (A) *In general* — The proceeding may take place— (i) in person, (ii) where agreed to by the parties, in the

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

8 U.S.C. § 1229b — Cancellation of removal; adjustment of status

**(a) Cancellation of removal for certain permanent residents** The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien— (1) has been an alien lawfully admitted for permanent residence for not less than 5 years, (2) has resided in the United States continuously for 7 years after having been admitted in any status, and (3) has not been convicted of any aggravated felony. **(b) Cancellation of removal and adjustment of status for certain nonpermanent residents** (1) **In general** — The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien— (A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; (B) has been a person of good moral character during such period; (C) has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to paragraph (5); and (D) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence. (2) **Special rule for battered spouse or child** (A) *Authority* — The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that— (i) (I) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a United States citizen

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

8 U.S.C. § 1229c — Voluntary departure

**(a) Certain conditions** (1) **In general** — The Attorney General may permit an alien voluntarily to depart the United States at the alien’s own expense under this subsection, in lieu of being subject to proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim) or prior to the completion of such proceedings, if the alien is not deportable under section 1227(a)(2)(A)(iii) or [section 1227(a)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/4/B&num=0&edition=prelim). (2) **Period** (A) *In general* — Subject to subparagraph (B), permission to depart voluntarily under this subsection shall not be valid for a period exceeding 120 days. (B) *Three-year pilot program waiver* — During the period October 1, 2000, through September 30, 2003, and subject to subparagraphs (C) and (D)(ii), the Attorney General may, in the discretion of the Attorney General for humanitarian purposes, waive application of subparagraph (A) in the case of an alien— (i) who was admitted to the United States as a nonimmigrant visitor (described in [section 1101(a)(15)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/B&num=0&edition=prelim)) under the provisions of the visa waiver pilot program established pursuant to [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1187&num=0&edition=prelim), seeks the waiver for the purpose of continuing to receive medical treatment in the United States from a physician associated with a health care facility, and submits to the Attorney General— (I) a detailed diagnosis statement from the physici

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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. § 1256 — Rescission of adjustment of status; effect upon naturalized citizen

**(a)** If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of section 1255 or 1259 of this title or any other provision of law to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and cancelling removal in the case of such person if that occurred and the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim), and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status. **(b)** Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent residence, created as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of [section 1451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1451&num=0&edition=prelim) as a person whose naturalization was procured by concealment of a material fact or by willful misrepresentation.

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

8 U.S.C. § 1534 — Removal hearing

**(a) In general** (1) **Expeditious hearing** — In any case in which an application for an order is approved under [section 1533(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1533/c/2&num=0&edition=prelim), a removal hearing shall be conducted under this section as expeditiously as practicable for the purpose of determining whether the alien to whom the order pertains should be removed from the United States on the grounds that the alien is an alien terrorist. (2) **Public hearing** — The removal hearing shall be open to the public. **(b) Notice** An alien who is the subject of a removal hearing under this subchapter shall be given reasonable notice of— (1) the nature of the charges against the alien, including a general account of the basis for the charges; and (2) the time and place at which the hearing will be held. **(c) Rights in hearing** (1) **Right of counsel** — The alien shall have a right to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent the alien. Such counsel shall be appointed by the judge pursuant to the plan for furnishing representation for any person financially unable to obtain adequate representation for the district in which the hearing is conducted, as provided for in [section 3006A of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006A&num=0&edition=prelim). All provisions of that section shall apply and, for purposes of determining the maximum amount of compensation, the matter shall be treated as if a felony was charged. (2) **Introduction of evidence** — Subject to the limitations in subsection (e), the alien shall have a reasonable

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

8 U.S.C. § 1254 — Repealed. Pub. L. 104–208, div. C, title III,

Page 346 TITLE 8—ALIENS AND NATIONALITY § 1254 particular social group, or political opinion, for provi- sions relating to withholding of deportation for any necessary period of time where the Attorney General decides the alien would be subject to persecution on ac- count of race, religion, or political opinion. 1978—Subsec. (h). Pub. L. 95–549 inserted ‘‘(other than an alien described in section 1251(a) of this title)’’ be- fore ‘‘within the United States’’. 1965—Subsec. (h). Pub. L. 89–236 substituted ‘‘persecu- tion on account of race, religion, or political opinion’’ for ‘‘physical persecution’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by 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. Pub. L. 104–132, title IV, § 413(g), Apr. 24, 1996, 110 Stat. 1269, provided that: ‘‘The amendments made by this section [amending this section and sections 1254, 1255, and 1259 of this title] shall take effect on the date of the enactment of this Act [Apr. 24, 1996] and shall apply to applications filed before, on, or after such date if final action has not been taken on them before such date.’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 515(a)(2) of Pub. L. 101–649 ap- plicable to convictions entered before, on, or after Nov. 29, 1990, and to applications for withholding of deporta- tion made on or after such date, see section 515(b)(2) of Pub. L. 101–649, as amended, set out as a note under sec- tion 1158 of this title. Amendment by section 603(b)(3) of Pub. L. 101–649 not applicable to deportation proceedings for

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