Sec. 1105. Administrative and judicial review

464 words·~2 min read·/bill/115/hr/6136/ih/section-1105

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Administrative review of a determination of an application for status, extension of status, or revocation of status under this division shall be conducted solely in accordance with this section. The Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of a determination with respect to applications for status, extension of status, or revocation of status under this division. An alien in the United States whose application for status under this division has been denied or revoked may file with the Secretary not more than 1 appeal, pursuant to this subsection, of each decision to deny or revoke such status.

A notice of appeal filed under this subparagraph shall be filed not later than 30 calendar days after the date of service of the decision of denial or revocation. Administrative appellate review under this subsection shall be de novo and based only on— the administrative record established at the time of the determination on the application; and any additional newly discovered or previously unavailable evidence. Judicial review of an administratively final denial or revocation of, or failure to extend, an application for status under this division shall be governed only by chapter 158 of title 28, except as provided in paragraphs

(2)and

(3)of this subsection, and except that a court may not order the taking of additional evidence under section 2347(c) of such chapter. An alien in the United States whose application for status under this division has been denied, revoked, or failed to be extended, may file not more than 1 appeal, pursuant to this subsection, of each decision to deny or revoke such status. No court may certify a class under Rule 23 of the Federal Rules of Civil Procedure in any civil action filed after the date of the enactment of this Act pertaining to the administration or enforcement of the application for status under this division. If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the application for status under this division, the court shall— limit the relief to the minimum necessary to correct the violation of law; adopt the least intrusive means to correct the violation of law; minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety; provide for the expiration of the relief on a specific date, which allows for the minimum practical time needed to remedy the violation; and limit the relief to the case at issue and shall not extend any prospective relief to include any other application for status under this division pending before the Secretary or in a Federal court (whether in the same or another jurisdiction).