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8 U.S.C. § 1252 — Judicial review of orders of removal
Federal law — U.S. Code and appendices · legal_authorities
Page 337
TITLE 8—ALIENS AND NATIONALITY
§ 1252
CODIFICATION
Section is comprised of section 235 of Pub. L. 110–457.
Pars. (1), (3), and (7) of section 235(d) of Pub. L. 110–457
amended sections 1101, 1255, and 1158 of this title, re-
spectively. Section 235(f) of Pub. L. 110–457 amended
section 279 of Title 6, Domestic Security.
Section was enacted as part of the William Wilber-
force Trafficking Victims Protection Reauthorization
Act of 2008, and not as part of the Immigration and Na-
tionality Act which comprises this chapter.
AMENDMENTS
2018—Subsec. (c)(6)(F). Pub. L. 115–393, § 301(d)(1), sub-
stituted ‘‘Secretary of Health and Human Services’’ for
‘‘Secretary and Human Services’’ in introductory pro-
visions.
Subsec. (c)(6)(F)(ii). Pub. L. 115–393, § 301(d)(2), sub-
stituted ‘‘fiscal years 2018 through 2021’’ for ‘‘the fiscal
years 2016 and 2017’’.
2013—Subsec. (c)(2). Pub. L. 113–4, § 1261, designated
existing provisions as subpar. (A), inserted heading, and
added subpar. (B).
Subsec. (c)(6). Pub. L. 113–4, § 1262, designated existing
provisions as subpar. (A), inserted heading, struck out
‘‘and criminal’’ after ‘‘immune from civil’’, and added
subpars. (B) to (F).
Subsec. (d)(4)(A). Pub. L. 113–4, § 1263(1), in introduc-
tory provisions, struck out ‘‘either’’ before ‘‘in the cus-
tody’’, substituted ‘‘such child,’’ for ‘‘such child or
who’’, and inserted ‘‘, or has been granted status under
section 101(a)(15)(U) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(U)),’’ before ‘‘, shall be el-
igible for placement’’.
Subsec. (d)(4)(B). Pub. L. 113–4, § 1263(2), inserted ‘‘, or
status under section 101(a)(15)(U) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(U)),’’ before
‘‘, the Federal Government’’.
PART V—ADJUST
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Page 337
TITLE 8—ALIENS AND NATIONALITY
§ 1252
CODIFICATION
Section is comprised of section 235 of Pub. L. 110–457.
Pars. (1), (3), and (7) of section 235(d) of Pub. L. 110–457
amended sections 1101, 1255, and 1158 of this title, re-
spectively. Section 235(f) of Pub. L. 110–457 amended
section 279 of Title 6, Domestic Security.
Section was enacted as part of the William Wilber-
force Trafficking Victims Protection Reauthorization
Act of 2008, and not as part of the Immigration and Na-
tionality Act which comprises this chapter.
AMENDMENTS
2018—Subsec. (c)(6)(F). Pub. L. 115–393, § 301(d)(1), sub-
stituted ‘‘Secretary of Health and Human Services’’ for
‘‘Secretary and Human Services’’ in introductory pro-
visions.
Subsec. (c)(6)(F)(ii). Pub. L. 115–393, § 301(d)(2), sub-
stituted ‘‘fiscal years 2018 through 2021’’ for ‘‘the fiscal
years 2016 and 2017’’.
2013—Subsec. (c)(2). Pub. L. 113–4, § 1261, designated
existing provisions as subpar. (A), inserted heading, and
added subpar. (B).
Subsec. (c)(6). Pub. L. 113–4, § 1262, designated existing
provisions as subpar. (A), inserted heading, struck out
‘‘and criminal’’ after ‘‘immune from civil’’, and added
subpars. (B) to (F).
Subsec. (d)(4)(A). Pub. L. 113–4, § 1263(1), in introduc-
tory provisions, struck out ‘‘either’’ before ‘‘in the cus-
tody’’, substituted ‘‘such child,’’ for ‘‘such child or
who’’, and inserted ‘‘, or has been granted status under
section 101(a)(15)(U) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(U)),’’ before ‘‘, shall be el-
igible for placement’’.
Subsec. (d)(4)(B). Pub. L. 113–4, § 1263(2), inserted ‘‘, or
status under section 101(a)(15)(U) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(U)),’’ before
‘‘, the Federal Government’’.
PART V—ADJUSTMENT AND CHANGE OF STATUS
§ 1251. Transferred
Editorial Notes
CODIFICATION
Section 1251, act June 27, 1952, ch. 477, title II, ch. 5,
§ 241, 66 Stat. 204, as amended, which related to deport-
able aliens, was renumbered section 237 of ch. 4 of title
II of act June 27, 1952, by Pub. L. 104–208, div. C, title
III, § 305(a)(2), Sept. 30, 1996, 110 Stat. 3009–598, and was
transferred to section 1227 of this title.
§ 1251a. Repealed. Pub. L. 87–301, § 24(a)(3), Sept.
26, 1961, 75 Stat. 657
Section, Pub. L. 85–316, § 7, Sept. 11, 1957, 71 Stat. 640,
excepted spouse, child or parent of a United States cit-
izen, and aliens admitted between Dec. 22, 1945, and
Nov. 1, 1954, inclusive, who misrepresented their na-
tionality, place of birth, identity or residence, provided
this latter group did so misrepresent because of fear of
persecution because of race, religion or politics if repa-
triated and not to evade quota restrictions, or an inves-
tigation of themselves, from the deportation provisions
of section 1251 of this title which declared excludable,
those aliens who sought to procure or procured entry
into the United States by fraud and misrepresentation,
or who were not of the nationality specified in their
visas, and authorized the admission, after Sept. 11, 1957,
of any alien spouse, parent or child of a United States
citizen or of an alien admitted for permanent residence
who sought, or had procured fraudulent entry into the
United States or admitted committing perjury in con-
nection therewith, if otherwise admissible and the At-
torney General consented. See section 1182(h) of this
title.
§ 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) and ex-
cept 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, 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 enter-
tain any other cause or claim arising from
or relating to the implementation or oper-
ation of an order of removal pursuant to
section 1225(b)(1) of this title,
(ii) except as provided in subsection (e),
a decision by the Attorney General to in-
voke the provisions of such section,
(iii) the application of such section to in-
dividual aliens, including the determina-
tion made under section 1225(b)(1)(B) of
this title, or
(iv) except as provided in subsection (e),
procedures and policies adopted by the At-
torney General to implement the provi-
sions of section 1225(b)(1) of this title.
(B) Denials of discretionary relief
Notwithstanding any other provision of
law (statutory or nonstatutory), including
section 2241 of title 28, or any other habeas
corpus provision, and sections 1361 and 1651
of such title, and except as provided in sub-
paragraph (D), and regardless of whether the
judgment, decision, or action is made in re-
moval proceedings, no court shall have juris-
diction 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 or the Secretary of
Homeland
Security
the
authority
for
which is specified under this subchapter to
be in the discretion of the Attorney Gen-
eral or the Secretary of Homeland Secu-
rity, other than the granting of relief
under section 1158(a) of this title.
(C) Orders against criminal aliens
Notwithstanding any other provision of
law (statutory or nonstatutory), including
section 2241 of title 28, or any other habeas
corpus provision, and sections 1361 and 1651
of such title, and except as provided in sub-
paragraph (D), no court shall have jurisdic-
tion to review any final order of removal
against an alien who is removable by reason
of having committed a criminal offense cov-
Page 338
TITLE 8—ALIENS AND NATIONALITY
§ 1252
ered 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.
(D) Judicial review of certain legal claims
Nothing in subparagraph (B) or (C), or in
any other provision of this chapter (other
than this section) which limits or eliminates
judicial review, shall be construed as pre-
cluding review of constitutional claims or
questions of law raised upon a petition for
review filed with an appropriate court of ap-
peals in accordance with this section.
(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.
(4) Claims under the United Nations Conven-
tion
Notwithstanding any other provision of law
(statutory or nonstatutory), including section
2241 of title 28, or any other habeas corpus pro-
vision, and sections 1361 and 1651 of such title,
a petition for review filed with an appropriate
court of appeals in accordance with this sec-
tion shall be the sole and exclusive means for
judicial review of any cause or claim under the
United Nations Convention Against Torture
and Other Forms of Cruel, Inhuman, or De-
grading Treatment or Punishment, except as
provided in subsection (e).
(5) Exclusive means of review
Notwithstanding any other provision of law
(statutory or nonstatutory), including section
2241 of title 28, or any other habeas corpus pro-
vision, and sections 1361 and 1651 of such title,
a petition for review filed with an appropriate
court of appeals in accordance with this sec-
tion shall be the sole and exclusive means for
judicial review of an order of removal entered
or issued under any provision of this chapter,
except as provided in subsection (e). For pur-
poses of this chapter, in every provision that
limits or eliminates judicial review or juris-
diction to review, the terms ‘‘judicial review’’
and ‘‘jurisdiction to review’’ include habeas
corpus review pursuant to section 2241 of title
28, or any other habeas corpus provision, sec-
tions 1361 and 1651 of such title, and review
pursuant to any other provision of law (statu-
tory or nonstatutory).
(b) Requirements for review of orders of removal
With respect to review of an order of removal
under subsection (a)(1), the following require-
ments 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 re-
view 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 pe-
tition, unless the court orders otherwise.
(C) Alien’s brief
The alien shall serve and file a brief in
connection with a petition for judicial re-
view 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 ex-
tend these deadlines except upon motion for
good cause shown. If an alien fails to file a
brief within the time provided in this para-
graph, the court shall dismiss the appeal un-
less 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 con-
trary,
(C) a decision that an alien is not eligible
for admission to the United States is conclu-
sive unless manifestly contrary to law, and
(D) the Attorney General’s discretionary
judgment whether to grant relief under sec-
tion 1158(a) of this title shall be conclusive
unless manifestly contrary to the law and an
abuse of discretion.
No court shall reverse a determination made
by a trier of fact with respect to the avail-
ability of corroborating evidence, as described
in
section
1158(b)(1)(B),
1229a(c)(4)(B),
or
1231(b)(3)(C) of this title, unless the court
finds, pursuant to subsection (b)(4)(B), that a
reasonable trier of fact is compelled to con-
clude that such corroborating evidence is un-
available.
(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
Page 339
TITLE 8—ALIENS AND NATIONALITY
§ 1252
1 See References in Text note below.
finds that a genuine issue of material fact
about the petitioner’s nationality is pre-
sented, the court shall transfer the pro-
ceeding 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 para-
graph.
(6) Consolidation with review of motions to re-
open or reconsider
When a petitioner seeks review of an order
under this section, any review sought of a mo-
tion 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 pro-
ceeding only by filing a separate motion be-
fore 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 dis-
trict court finds that—
(i) no genuine issue of material fact
about the defendant’s nationality is pre-
sented, 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 conclu-
sive if supported by reasonable, substan-
tial, and probative evidence on the record
considered as a whole; or
(ii) a genuine issue of material fact
about the defendant’s nationality is pre-
sented, 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 sub-
paragraph.
(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 ap-
peals 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) 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 sec-
tion 1231(a) of this title;
(B) does not relieve the alien from com-
plying with section 1231(a)(4) of this title
and section 1253(g) 1 of this title; and
(C) does not require the Attorney General
to defer removal of the alien.
(9) Consolidation of questions for judicial re-
view
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. Except as otherwise provided in
this section, no court shall have jurisdiction,
by habeas corpus under section 2241 of title 28
or any other habeas corpus provision, by sec-
tion 1361 or 1651 of such title, or by any other
provision of law (statutory or nonstatutory),
to review such an order or such questions of
law or fact.
(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 administra-
tive remedies available to the alien as of right,
and
(2) another court has not decided the valid-
ity of the order, unless the reviewing court
finds that the petition presents grounds that
could not have been presented in the prior ju-
dicial proceeding or that the remedy provided
by the prior proceeding was inadequate or in-
effective 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 para-
graph of this subsection, or
(B) certify a class under Rule 23 of the
Federal Rules of Civil Procedure in any ac-
tion for which judicial review is authorized
under a subsequent paragraph of this sub-
section.
(2) Habeas corpus proceedings
Judicial review of any determination made
under section 1225(b)(1) of this title is avail-
Page 340
TITLE 8—ALIENS AND NATIONALITY
§ 1252
able in habeas corpus proceedings, but shall be
limited to determinations of—
(A) whether the petitioner is an alien,
(B) whether the petitioner was ordered re-
moved under such section, and
(C) whether the petitioner can prove by a
preponderance of the evidence that the peti-
tioner is an alien lawfully admitted for per-
manent 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 ter-
minated, and is entitled to such further in-
quiry 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 implemen-
tation is available in an action instituted in
the United States District Court for the Dis-
trict of Columbia, but shall be limited to de-
terminations of—
(i) whether such section, or any regula-
tion issued to implement such section, is
constitutional; or
(ii) whether such a regulation, or a writ-
ten policy directive, written policy guide-
line, or written procedure issued by or
under the authority of the Attorney Gen-
eral to implement such section, is not con-
sistent with applicable provisions of this
subchapter or is otherwise in violation of
law.
(B) Deadlines for bringing actions
Any action instituted under this para-
graph must be filed no later than 60 days
after the date the challenged section, regula-
tion, directive, guideline, or procedure de-
scribed 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 dock-
et 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 re-
moved 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 hear-
ing under section 1229a of this title pursuant
to this paragraph may thereafter obtain ju-
dicial review of any resulting final order of
removal pursuant to subsection (a)(1).
(5) Scope of inquiry
In determining whether an alien has been or-
dered 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 actu-
ally 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 au-
thority 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 not-
withstanding any other provision of law (statu-
tory or nonstatutory), including section 2241 of
title 28, or any other habeas corpus provision,
and sections 1361 and 1651 of such title, 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, § 242, 66 Stat.
208; Sept. 3, 1954, ch. 1263, § 17, 68 Stat. 1232; Pub.
L. 97–116, § 18(h)(1), Dec. 29, 1981, 95 Stat. 1620;
Pub. L. 98–473, title II, § 220(b), Oct. 12, 1984, 98
Stat. 2028; Pub. L. 99–603, title VII, § 701, Nov. 6,
1986, 100 Stat. 3445; Pub. L. 100–525, § 9(n), Oct. 24,
1988, 102 Stat. 2620; Pub. L. 100–690, title VII,
§ 7343(a), Nov. 18, 1988, 102 Stat. 4470; Pub. L.
101–649,
title
V,
§§ 504(a),
545(e),
title
VI,
§ 603(b)(2), Nov. 29, 1990, 104 Stat. 5049, 5066, 5085;
Pub. L. 102–232, title III, §§ 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, § 20301(a),
title XIII, § 130001(a), Sept. 13, 1994, 108 Stat. 1823,
2023; Pub. L. 103–416, title II, §§ 219(h), 224(b), Oct.
25, 1994, 108 Stat. 4317, 4324; Pub. L. 104–132, title
IV, §§ 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, §§ 306(a), (d), 308(g)(10)(H), 371(b)(6),
Sept. 30, 1996, 110 Stat. 3009–607, 3009–612,
Page 341
TITLE 8—ALIENS AND NATIONALITY
§ 1252
3009–625, 3009–645; Pub. L. 109–13, div. B, title I,
§§ 101(e), (f), 106(a), May 11, 2005, 119 Stat. 305,
310.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(2)(D), (5), and
(g), was in the original, ‘‘this Act’’, meaning act June
27, 1952, ch. 477, 66 Stat. 163, known as the Immigration
and Nationality Act, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section
1101 of this title and Tables.
Section 1253 of this title, referred to in subsec.
(b)(8)(B), was amended generally by Pub. L. 104–208, div.
C, title III, § 307(a), Sept. 30, 1996, 110 Stat. 3009–612, and,
as so amended, no longer contains a subsec. (g). Provi-
sions 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, re-
ferred 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 Re-
sponsibility 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 sec-
tion 1101 of this title and Tables.
AMENDMENTS
2005—Subsec. (a)(2)(A). Pub. L. 109–13, § 106(a)(1)(A)(i),
inserted ‘‘(statutory or nonstatutory), including sec-
tion 2241 of title 28, or any other habeas corpus provi-
sion, and sections 1361 and 1651 of such title’’ after
‘‘Notwithstanding any other provision of law’’ in intro-
ductory provisions.
Subsec. (a)(2)(B). Pub. L. 109–13, § 106(a)(1)(A)(ii), in-
serted ‘‘(statutory or nonstatutory), including section
2241 of title 28, or any other habeas corpus provision,
and sections 1361 and 1651 of such title, and except as
provided in subparagraph (D)’’ after ‘‘Notwithstanding
any other provision of law’’ in introductory provisions.
Pub. L. 109–13, § 101(f)(2), inserted ‘‘and regardless of
whether the judgment, decision, or action is made in
removal proceedings,’’ before ‘‘no court shall’’ in intro-
ductory provisions.
Subsec. (a)(2)(B)(ii). Pub. L. 109–13, § 101(f)(1), inserted
‘‘or the Secretary of Homeland Security’’ after ‘‘Attor-
ney General’’ in two places.
Subsec. (a)(2)(C). Pub. L. 109–13, § 106(a)(1)(A)(ii), in-
serted ‘‘(statutory or nonstatutory), including section
2241 of title 28, or any other habeas corpus provision,
and sections 1361 and 1651 of such title, and except as
provided in subparagraph (D)’’ after ‘‘Notwithstanding
any other provision of law’’.
Subsec. (a)(2)(D). Pub. L. 109–13, § 106(a)(1)(A)(iii),
added subpar. (D).
Subsec. (a)(4), (5). Pub. L. 109–13, § 106(a)(1)(B), added
pars. (4) and (5).
Subsec. (b)(4). Pub. L. 109–13, § 101(e), added con-
cluding provisions.
Subsec. (b)(9). Pub. L. 109–13, § 106(a)(2), inserted at
end ‘‘Except as otherwise provided in this section, no
court shall have jurisdiction, by habeas corpus under
section 2241 of title 28 or any other habeas corpus provi-
sion, by section 1361 or 1651 of such title, or by any
other provision of law (statutory or nonstatutory), to
review such an order or such questions of law or fact.’’
Subsec. (g). Pub. L. 109–13, § 106(a)(3), inserted ‘‘(statu-
tory or nonstatutory), including section 2241 of title 28,
or any other habeas corpus provision, and sections 1361
and 1651 of such title’’ after ‘‘notwithstanding any
other provision of law’’.
1996—Pub. L. 104–208, § 306(a)(2), amended section gen-
erally, substituting subsecs. (a) to (g) relating to judi-
cial 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, § 440(c)(2), struck out
subpar. (B) which read as follows: ‘‘The Attorney Gen-
eral may not release from custody any lawfully admit-
ted alien who has been convicted of an aggravated fel-
ony, either before or after a determination of deport-
ability, unless the alien demonstrates to the satisfac-
tion 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, § 440(c)(1)(C), struck out ‘‘but subject
to subparagraph (B)’’ before ‘‘, the Attorney General
shall not release’’.
Pub. L. 104–132, § 440(c)(1)(B), as amended by Pub. L.
104–208, §§ 306(d), 308(g)(10)(H), substituted ‘‘any crimi-
nal 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 of-
fenses are, without regard to the date of their commis-
sion, 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 regard-
less of the possibility of rearrest or further confine-
ment in respect of the same offense)’’.
Pub. L. 104–132, § 440(c)(1)(A), substituted ‘‘(2) The At-
torney’’ for ‘‘(2)(A) The Attorney’’.
Subsec. (b). Pub. L. 104–208, § 371(b)(6), substituted
‘‘An immigration judge’’ for ‘‘A special inquiry offi-
cer’’, ‘‘an immigration judge’’ for ‘‘a special inquiry of-
ficer’’ in two places, and ‘‘immigration judge’’ for ‘‘spe-
cial inquiry officer’’ wherever appearing.
Pub. L. 104–132, § 436(a), inserted before period at end
of second sentence ‘‘; except that nothing in this sub-
section shall preclude the Attorney General from au-
thorizing 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, § 440(h)(1), designated
existing provisions of subsec. (c) as par. (1) and sub-
stituted ‘‘Subject to paragraph (2), when a final order’’
for ‘‘When a final order’’.
Subsec. (c)(2). Pub. L. 104–132, § 440(h)(2), as amended
by Pub. L. 104–208, §§ 306(d), 308(g)(10)(H), added par. (2).
Subsec. (h). Pub. L. 104–132, § 438(a), amended subsec.
(h) generally, restating prior single par. as par. (1) and
adding pars. (2) and (3) authorizing the Attorney Gen-
eral to deport an alien prior to the completion of a sen-
tence of imprisonment and requiring notice to deported
aliens of penalties for reentry.
Subsec. (i). Pub. L. 104–132, § 436(b)(1), inserted at end
‘‘Nothing in this subsection shall be construed to cre-
ate 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, § 306(a)(1), redesignated
subsec. (j) as subsec. (i) of section 1231 of this title.
1994—Subsec. (b). Pub. L. 103–416, § 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, § 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, § 219(h), substituted ‘‘Pa-
role,’’ for ‘‘Parole,,’’.
Subsec. (j). Pub. L. 103–322, § 20301(a), added subsec.
(j).
1991—Subsec. (a)(2)(B). Pub. L. 102–232, § 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 ad-
mitted 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.’’
Page 342
TITLE 8—ALIENS AND NATIONALITY
§ 1252
Subsec. (b). Pub. L. 102–232, § 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 re-
quirements consistent with section 1252b of this title.’’
Subsec. (e). Pub. L. 102–232, § 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, § 309(b)(9), inserted a
comma after ‘‘Parole’’.
1990—Subsec. (a)(2). Pub. L. 101–649, § 504(a), des-
ignated 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, § 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, § 545(e), amended eighth sentence gen-
erally. 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 rep-
resented (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 evi-
dence in his own behalf, and to cross-examine wit-
nesses presented by the Government; and
‘‘(4) no decision of deportability shall be valid un-
less it is based upon reasonable, substantial, and pro-
bative evidence.’’
Subsec. (e). Pub. L. 101–649, § 603(b)(2)(B), which di-
rected 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 Sep-
tember 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 ‘‘Pa-
role,’’ to reflect the probable intent of Congress.
1981—Subsec. (b). Pub. L. 97–116, § 18(h)(1)(A), sub-
stituted ‘‘(18), or (19)’’ for ‘‘or (18)’’ in provision fol-
lowing par. (4).
Subsec. (e). Pub. L. 97–116, § 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.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–13, div. B, title I, § 101(h)(3), (4), May 11,
2005, 119 Stat. 305, 306, provided that:
‘‘(3) The amendment made by subsection (e) [amend-
ing this section] shall take effect on the date of the en-
actment of this division [May 11, 2005] and shall apply
to all cases in which the final administrative removal
order is or was issued before, on, or after such date.
‘‘(4) The amendments made by subsection (f) [amend-
ing this section] shall take effect on the date of the en-
actment of this division [May 11, 2005] and shall apply
to all cases pending before any court on or after such
date.’’
Pub. L. 109–13, div. B, title I, § 106(b), May 11, 2005, 119
Stat. 311, provided that: ‘‘The amendments made by
subsection (a) [amending this section] shall take effect
upon the date of the enactment of this division [May 11,
2005] and shall apply to cases in which the final admin-
istrative order of removal, deportation, or exclusion
was issued before, on, or after the date of the enact-
ment of this division.’’
EFFECTIVE DATE OF 1996 AMENDMENTS
Pub. L. 104–208, div. C, title III, § 306(c), Sept. 30, 1996,
110 Stat. 3009–612, as amended by Pub. L. 104–302, § 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 re-
moval proceedings under such Act [8 U.S.C. 1101 et
seq.].
‘‘(2) LIMITATION.—Paragraph (1) shall not be consid-
ered 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.’’
[Pub. L. 104–302, § 2, Oct. 11, 1996, 110 Stat. 3657, pro-
vided that the amendment made by section 2(1) to sec-
tion 306(c)(1) of Pub. L. 104–208, set out above, is effec-
tive Sept. 30, 1996.]
Pub. L. 104–208, div. C, title III, § 306(d), Sept. 30, 1996,
110 Stat. 3009–612, provided that the amendment made
by section 306(d) is effective as if included in the enact-
ment 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 ef-
fective 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.
Pub. L. 104–132, title IV, § 436(b)(3), Apr. 24, 1996, 110
Stat. 1275, 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 Immi-
gration 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 effec-
tive 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.
Pub. L. 103–416, title II, § 224(c), Oct. 25, 1994, 108 Stat.
4324, 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].’’
Pub. L. 103–322, title II, § 20301(b), Sept. 13, 1994, 108
Stat. 1824, provided that: ‘‘The amendment made by
Page 343
TITLE 8—ALIENS AND NATIONALITY
§ 1252
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.
Pub. L. 102–232, title III, § 307(m), Dec. 12, 1991, 105
Stat. 1757, provided that the amendment made by sec-
tion 307(m)(2) of Pub. L. 102–232 is effective as if in-
cluded in section 603(b) of the Immigration Act of 1990,
Pub. L. 101–649.
EFFECTIVE DATE OF 1990 AMENDMENT
Pub. L. 101–649, title V, § 504(c), Nov. 29, 1990, 104 Stat.
5050, 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].’’
Pub. L. 101–649, title V, § 545(g), Nov. 29, 1990, 104 Stat.
5066, as amended by Pub. L. 104–208, div. C, title III,
§ 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 amend-
ment made by subsection (e) [amending this section],
shall be effective on a date specified by the Attorney
General in the certification described in subpara-
graph (B), which date may not be earlier than 6
months after the date of such certification.
‘‘(B) The Attorney General shall certify to the Con-
gress 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 Con-
gress, within 3 months after the date of the Attorney
General’s certification under subparagraph (B), a re-
port on the adequacy of such system.
‘‘(2) CERTAIN LIMITS ON DISCRETIONARY RELIEF; SANC-
TIONS FOR FRIVOLOUS BEHAVIOR.—Subsections (d), (e)(2),
and (e)(3) of section 242B of the Immigration and Na-
tionality Act (as inserted by the amendment made by
subsection (a)) shall be effective on the date of the en-
actment of this Act [Nov. 29, 1990].
‘‘(3) LIMITS ON DISCRETIONARY RELIEF FOR FAILURE TO
APPEAR IN ASYLUM HEARING.—Subsection (e)(4) of sec-
tion 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
Pub. L. 100–690, title VII, § 7343(c), Nov. 18, 1988, 102
Stat. 4470, provided that: ‘‘The amendments made by
subsections (a) and (b) [amending this section and sec-
tion 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 Pro-
cedure.
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
Pub. L. 101–649, title V, § 545(d), Nov. 29, 1990, 104 Stat.
5066, 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 pro-
ceedings, 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 in-
clude 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 consolida-
tion of motions to reopen or to reconsider with the
appeal of the order of deportation.’’
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
TRANSFER OF CASES
Pub. L. 109–13, div. B, title I, § 106(c), May 11, 2005, 119
Stat. 311, provided that: ‘‘If an alien’s case, brought
under section 2241 of title 28, United States Code, and
challenging a final administrative order of removal, de-
portation, or exclusion, is pending in a district court on
the date of the enactment of this division [May 11,
2005], then the district court shall transfer the case (or
the part of the case that challenges the order of re-
moval, deportation, or exclusion) to the court of ap-
peals for the circuit in which a petition for review
could have been properly filed under section 242(b)(2) of
the Immigration and Nationality Act (8 U.S.C. 1252), as
amended by this section, or under section 309(c)(4)(D) of
the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 [Pub. L. 104–208, div. C] (8 U.S.C.
1101 note). The court of appeals shall treat the trans-
ferred case as if it had been filed pursuant to a petition
for review under such section 242, except that sub-
section (b)(1) of such section shall not apply.’’
TRANSITIONAL RULE CASES
Pub. L. 109–13, div. B, title I, § 106(d), May 11, 2005, 119
Stat. 311, provided that: ‘‘A petition for review filed
under former section 106(a) of the Immigration and Na-
tionality Act [8 U.S.C. 1105a(a)] (as in effect before its
repeal by section 306(b) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 [Pub. L.
104–208, div. C] (8 U.S.C. 1252 note)) shall be treated as
if it had been filed as a petition for review under sec-
tion 242 of the Immigration and Nationality Act (8
U.S.C. 1252), as amended by this section. Notwith-
standing any other provision of law (statutory or non-
statutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title, such petition for re-
view shall be the sole and exclusive means for judicial
review of an order of deportation or exclusion.’’
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any ref-
erence in law to an order of removal is deemed to in-
clude a reference to an order of exclusion and deporta-
tion or an order of deportation, see section 309(d)(2) of
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 transferred to section 1228 of this title.
§ 1252b. Repealed. Pub. L. 104–208, div. C, title
III, § 308(b)(6), Sept. 30, 1996, 110 Stat.
3009–615
Section, act June 27, 1952, ch. 477, title II, ch. 5, § 242B,
as added Nov. 29, 1990, Pub. L. 101–649, title V, § 545(a),
104 Stat. 5061; amended Dec. 12, 1991, Pub. L. 102–232,
title III, § 306(c)(6), 105 Stat. 1753; Oct. 25, 1994, Pub. L.
103–416, title II, § 219(i), 108 Stat. 4317; Sept. 30, 1996,
Pub. L. 104–208, div. C, title III, § 371(b)(7), 110 Stat.
3009–645, related to deportation procedures. See sections
1229 and 1229a of this title.
Statutory Notes and Related Subsidiaries
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 Amend-
ments note under section 1101 of this title.
§ 1252c. Authorizing State and local law enforce-
ment officials to arrest and detain certain il-
legal aliens
(a) In general
Notwithstanding any other provision of law,
to the extent permitted by relevant State and
local law, State and local law enforcement offi-
cials are authorized to arrest and detain an indi-
vidual who—
(1) is an alien illegally present in the United
States; and
(2) has previously been convicted of a felony
in the United States and deported or left the
United States after such conviction,
but only after the State or local law enforce-
ment officials obtain appropriate confirmation
from the Immigration and Naturalization Serv-
ice of the status of such individual and only for
such period of time as may be required for the
Service to take the individual into Federal cus-
tody for purposes of deporting or removing the
alien from the United States.
(b) Cooperation
The Attorney General shall cooperate with the
States to assure that information in the control
of the Attorney General, including information
in the National Crime Information Center, that
would assist State and local law enforcement of-
ficials in carrying out duties under subsection
(a) is made available to such officials.
(Pub. L. 104–132, title IV, § 439, Apr. 24, 1996, 110
Stat. 1276.)
Editorial Notes
CODIFICATION
This section was enacted as part of the Antiterrorism
and Effective Death Penalty Act of 1996, and not as part
of the Immigration and Nationality Act which com-
prises this chapter.
Statutory Notes and Related Subsidiaries
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
§ 1253. Penalties related to removal
(a) Penalty for failure to depart
(1) In general
Any alien against whom a final order of re-
moval is outstanding by reason of being a
member of any of the classes described in sec-
tion 1227(a) of this title, who—
(A) willfully fails or refuses to depart from
the United States within a period of 90 days
from the date of the final order of removal
under administrative processes, or if judicial
review is had, then from the date of the final
order of the court,
(B) willfully fails or refuses to make time-
ly application in good faith for travel or
other documents necessary to the alien’s de-
parture,
(C) connives or conspires, or takes any
other action, designed to prevent or hamper
or with the purpose of preventing or ham-
pering the alien’s departure pursuant to
such, or
(D) willfully fails or refuses to present
himself or herself for removal at the time
and place required by the Attorney General
pursuant to such order,
shall be fined under title 18, or imprisoned not
more than four years (or 10 years if the alien
is a member of any of the classes described in
paragraph (1)(E), (2), (3), or (4) of section
1227(a) of this title), or both.
(2) Exception
It is not a violation of paragraph (1) to take
any proper steps for the purpose of securing
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 16
TITLE 8—ALIENS AND NATIONALITY
§ 1101
Sec.
1484 to 1487. Repealed.
1488.
Nationality lost solely from performance of
acts or fulfillment of conditions.
1489.
Application of treaties; exceptions.
PART IV—MISCELLANEOUS
1501.
Certificate of diplomatic or consular officer
of United States as to loss of American na-
tionality.
1502.
Certificate of nationality issued by Secretary
of State for person not a naturalized citizen
of United States for use in proceedings of a
foreign state.
1503.
Denial of rights and privileges as national.
1504.
Cancellation of United States passports and
Consular Reports of Birth.
SUBCHAPTER IV—REFUGEE ASSISTANCE
1521.
Office of Refugee Resettlement; establish-
ment; appointment of Director; functions.
1522.
Authorization for programs for domestic re-
settlement of and assistance to refugees.
1523.
Congressional reports.
1524.
Authorization of appropriations.
1525.
Repealed.
SUBCHAPTER V—ALIEN TERRORIST REMOVAL
PROCEDURES
1531.
Definitions.
1532.
Establishment of removal court.
1533.
Removal court procedure.
1534.
Removal hearing.
1535.
Appeals.
1536.
Custody and release pending removal hearing.
1537.
Custody and release after removal hearing.
SUBCHAPTER I—GENERAL PROVISIONS
§ 1101. Definitions
(a) As used in this chapter—
(1) The term ‘‘administrator’’ means the offi-
cial designated by the Secretary of State pursu-
ant to section 1104(b) of this title.
(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
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In the case of an alien spouse admitted under subparagraph (A), (E)(iii), (G), or (H) of [section 1101(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim) who is accompanying or following to join a principal alien admitted under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien spouse to engage in employment in the United States and provide the spouse with an “employment authorized” endorsement or other appropriate work permit if the alien spouse demonstrates that during the marriage the alien spouse or a child of the alien spouse has been battered or has been the subject of extreme cruelty perpetrated by the spouse of the alien spouse. Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under [section 1154(a)(1)(A)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1154/a/1/A/iii&num=0&edition=prelim).
**(b) Construction** The grant of employment authorization pursuant to this section shall not confer upon the alien any other form of relief.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1105a
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1105a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 81
TITLE 8—ALIENS AND NATIONALITY
§ 1105a
criminal history record, the Department of
State shall submit the applicant’s fingerprints
and any appropriate fingerprint processing fee
authorized by law to the Criminal Justice Infor-
mation Services Division of the Federal Bureau
of Investigation.
(c) Reconsideration upon development of more
cost effective means of sharing information
The provision of the extracts described in sub-
section (b) may be reconsidered by the Attorney
General and the receiving agency upon the de-
velopment and deployment of a more cost-effec-
tive and efficient means of sharing the informa-
tion.
(d) Regulations
For purposes of administering this section, the
Department of State shall, prior to receiving ac-
cess to NCIC data but not later than 4 months
after October 26, 2001, promulgate final regula-
tions—
(1) to implement procedures for the taking
of fingerprints; and
(2) to establish the conditions for the use of
the information received from the Federal Bu-
reau of Investigation, in order—
(A) to limit the redissemination of such in-
formation;
(B) to ensure that such information is used
solely to determine whether or not to issue
a visa to an alien or to admit an alien to the
United States;
(C) to ensure the security, confidentiality,
and destruction of such information; and
(D) to protect any privacy rights of indi-
viduals who are subjects of such informa-
tion.
(June 27, 1952, ch. 477, title I, § 105, 66 Stat. 175;
Pub. L. 95–105, title I, § 109(b)(2), Aug. 17, 1977, 91
Stat. 847; Pub. L. 103–236, title I, § 162(h)(3), Apr.
30, 1994, 108 Stat. 408; Pub. L. 107–56, title IV,
§ 403(a), Oct. 26, 2001, 115 Stat. 343.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
or
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1105a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1105a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice to appear**
(1) **In general** — In removal proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim), written notice (in this section referred to as a “notice to appear”) shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying the following:
(A) The nature of the proceedings against the alien.
(B) The legal authority under which the proceedings are conducted.
(C) The acts or conduct alleged to be in violation of law.
(D) The charges against the alien and the statutory provisions alleged to have been violated.
(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel prepared under subsection (b)(2).
(F)
(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim).
(ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number.
(iii) The consequences under [section 1229a(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a/b/5&num=0&edition=prelim) of failure to provide address and telephone information pursuant to this subparagraph.
(G)
(i) The time an
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1229
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Federal law — U.S. Code and appendices · legal_authorities
Page 312
TITLE 8—ALIENS AND NATIONALITY
§ 1229
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENTS
Pub. L. 104–208, div. C, title III, § 304(c)(2), Sept. 30,
1996, 110 Stat. 3009–597, provided that: ‘‘The amend-
ments made by paragraph (1) [amending this section]
shall be effective as if included in the enactment of sec-
tion 442(a) of Public Law 104–132.’’
Amendment
by
section
308(b)(5),
(c)(1),
(4)(A),
(e)(1)(F), (2)(D), (10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), (D),
(10)(H) of Pub. L. 104–208 effective, with certain transi-
tional provisions, on the first day of the first month be-
ginning more than 180 days after Sept. 30, 1996, see sec-
tion 309 of Pub. L. 104–208, set out as a note under sec-
tion 1101 of this title.
Pub. L. 104–208, div. C, title III, § 306(d), Sept. 30, 1996,
110 Stat. 3009–612, provided that the amendment made
by section 306(d) is effective as if included in the enact-
ment of the Antiterrorism and Effective Death Penalty
Act of 1996, Pub. L. 104–132.
Pub. L. 104–208, div. C, title III, § 374(c), Sept. 30, 1996,
110 Stat. 3009–648, provided that: ‘‘The amendment
made by subsection (a)(2) [amending this section] shall
be effective as if included in the enactment of section
224(a) of the Immigration and Nationality Technical
Corrections Act of 1994 [Pub. L. 103–416].’’
Amendment by section 671(b)(13) of Pub. L. 104–208 ef-
fective as if included in the enactment of the Immigra-
tion and Nationality Technical Corrections Act of 1994,
Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208,
set out as a note under section 1101 of this title.
Amendment by section 671(c)(5), (6) of Pub. L. 104–208
effective as if included in the enactment of subtitle A
of title IV of the Antiterrorism and Effectiv
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1229
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1229. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1252
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 27, 1952, ch. 477, title II, ch. 5, § 242B, as added Nov. 29, 1990, Pub. L. 101–649, title V, § 545(a), 104 Stat. 5061; amended Dec. 12, 1991, Pub. L. 102–232, title III, § 306(c)(6), 105 Stat. 1753; Oct. 25, 1994, Pub. L. 103–416, title II, § 219(i), 108 Stat. 4317; Sept. 30, 1996, Pub. L. 104–208, div. C, title III, § 371(b)(7), 110 Stat. 3009–645, related to deportation procedures. See sections 1229 and 1229a 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1252b
Stored review status: release_metadata_unconfirmed. The source passage cites 8 U.S.C. § 1252b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1252b
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1252b. This identifies an authority to review, not proof of applicability.