Sec. 305. Availability of administrative and judicial review
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Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to aliens applying for adjustment of status under this Act a process by which the denial of an application for adjustment of status may undergo a single level of administrative appellate review, which shall be substantially similar to the procedures for administrative review provided to applicants for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ).
An alien may seek judicial review of a denial of an application for benefits, or a revocation of such benefits, under this Act in the appropriate United States court of appeals in conjunction with the judicial review of an order of removal under section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ). An alien seeking administrative or judicial review under this Act may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for adjustment of status under this Act, unless such removal is based on criminal or national security grounds.
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