8 U.S.C. § 1251 — Transferred

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 Repealed.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-