Sec. 436. Administrative and judicial review
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/bill/113/hr/3163/ih/section-436A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There shall be no administrative or judicial review of a determination respecting an application for blue card status or adjustment of status under section 103 except in accordance with this section. The Secretary shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination. Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination.
There shall be judicial review of such a determination only in the judicial review of an order of removal under section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ). Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole.
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Sec. 436
Administrative and judicial review
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