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Code · BILL · 115th Congress · S. 2192 (Placed on Calendar Senate) — To strengthen border security, increase resources for enforcement of immigration laws, and for other purposes. · Sec. 1624

Sec. 1624. Limitation on judicial review when agency has not made decision on naturalization application and on denials

397 words·~2 min read·/bill/115/s/2192/pcs/section-1624

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Section 336(b) of the Immigration and Nationality Act ( 8 U.S.C. 1447(b) ) is amended to read as follows: If no final administrative determination is made on an application for naturalization under section 335 before the end of the 180-day period beginning on the date on which the Secretary completes all examinations and interviews under such section (as such terms are defined by the Secretary, by regulation), the applicant may apply to the district court for the district in which the applicant resides for a hearing on the matter.
Such court shall only have jurisdiction to review the basis for delay and remand the matter to the Secretary for the Secretary’s determination on the application. . Section 310(c) of the Immigration and Nationality Act ( 8 U.S.C. 1421(c) ) is amended to read as follows: A person whose application for naturalization under this title is denied may, not later than 120 days after the date of the Secretary’s administratively final determination on the application and after a hearing before an immigration officer under section 336(a), seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5, United States Code.
The petitioner shall have burden of proof to show that the Secretary’s denial of the application for naturalization was not supported by facially legitimate and bona fide reasons. Except in a proceeding under section 340, and notwithstanding any other provision of law, including section 2241 of title 28, United States Code, any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to determine, or to review a determination of the Secretary made at any time regarding, whether, for purposes of an application for naturalization, an alien— is a person of good moral character; understands and is attached to the principles of the Constitution of the United States; or is well disposed to the good order and happiness of the United States. .
The amendments made by this section— shall take effect on the date of the enactment of this Act; shall apply to any act that occurred before, on, or after such date of enactment; and shall apply to any application for naturalization or any other case or matter under the immigration laws that is pending on, or filed after, such date of enactment.
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Sec. 1624
Limitation on judicial review when agency has not made decision on naturalization application and on denials
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