Sec. 1623. Prohibition on judicial review of naturalization applications for aliens in removal proceedings
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Section 318 of the Immigration and Nationality Act ( 8 U.S.C. 1429 ) is amended to read as follows: Except as otherwise provided in this chapter, no person may be naturalized unless he or she has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. Such person shall have the burden of proof to show that he or she entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof the person shall be entitled to the production of his or her immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Secretary to be confidential, pertaining to such entry, in the custody of the Department of Homeland Security.
Notwithstanding section 405(b), and except as provided in sections 328 and 329— no person may be naturalized against whom there is outstanding a final finding of removal, exclusion, or deportation; no application for naturalization may be considered by the Secretary or by any court if there is pending against the applicant any removal proceeding or other proceeding to determine whether the applicant’s lawful permanent resident status should be rescinded, regardless of when such proceeding was commenced; and the findings of the Attorney General in terminating removal proceedings or in cancelling the removal of an alien pursuant to this Act may not be deemed binding in any way upon the Secretary with respect to the question of whether such person has established his or her eligibility for naturalization under this Act. .
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Sec. 1623
Prohibition on judicial review of naturalization applications for aliens in removal proceedings
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