Sec. 6. Availability of administrative and judicial review
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/bill/117/hr/2766/ih/section-6A 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 of Homeland Security shall provide a process for aliens who have applied for adjustment of status under this Act to 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 Act in an appropriate United States district court. Notwithstanding any other provision of law, the review authorized under paragraph
(1)shall be de novo and shall be based solely on the administrative record, except that the applicant shall be given the opportunity to supplement the administrative record and the Secretary of Homeland Security shall be given the opportunity to rebut the evidence and arguments raised in such submission. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). Counsel appointed pursuant to paragraph
(1)shall be paid from amounts appropriated pursuant to section 7(2). An alien seeking administrative or judicial review under this section 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 section 4.