Sec. 226. Availability of administrative and judicial review
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/bill/116/hr/6/pcs/section-226A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to aliens who have applied for adjustment of status under this title a process by which an applicant may seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. Notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status, or a revocation of such status, under this title in the United States district court with jurisdiction over the alien’s residence.
Except as provided in paragraph (2), an alien seeking administrative or judicial review under this title 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 title. The Secretary may remove an alien described in paragraph
(1)pending judicial review if such removal is based on criminal or national security grounds. Such removal does not affect the alien’s right to judicial review under this title. The Secretary shall promptly return a removed alien if a decision to deny an application for adjustment of status under this title, or to revoke such status, is reversed.