Sec. 9. Technical and conforming provisions
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The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— in section 101(b), by amending paragraph
(4)to read as follows: The term immigration judge means an immigration appeals judge or immigration trial judge appointed to serve in the United States Immigration Courts established under title VI. ; in section 238(a)(1)— by striking Attorney General and inserting Immigration Courts ; and by striking Service and inserting Department of Homeland Security ; in section 238(a)(2), by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; in section 238(a)(3)— by amending subparagraph
(A)to read as follows: Notwithstanding any other provision of law, in the case of any alien convicted of an aggravated felony, removal proceedings, and any administrative appeals thereof, shall be completed, to the extent possible, before the alien’s release from incarceration for the underlying aggravated felony. ; and in subparagraph (B), by striking Attorney General and inserting Secretary of Homeland Security ; in section 238(a)(4)(A) by striking Attorney General each place it appears and inserting administrative council of the Immigration Courts ; in section 238(b)(1) by striking Attorney General and inserting immigration judge ; in section 238(b)(3)— by striking Attorney General and inserting Secretary of Homeland Security ; and by striking apply for and inserting seek ; in section 238(b) by amending paragraph
(4)to read as follows— In any proceeding under this subsection— the alien shall— be given reasonable notice of the charges and of the opportunity described in subparagraph (C); have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as the alien shall choose; and have a reasonable opportunity to inspect the evidence and rebut the charges; and the immigration judge shall ensure that— a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice; and a record is maintained for judicial review. ; in section 238(b)(5)— by striking Attorney General and inserting immigration judge ; and by striking Attorney General’s and inserting immigration judge’s ; by redesignating the second subsection
(c)of section 238 as subsection
(d)and in the newly designated subsection (d)— by striking Commissioner in each place such term appears and inserting Secretary of Homeland Security ; by striking Attorney General in each place such term appears and inserting Secretary of Homeland Security ; and by striking Service in paragraph (2)(A) and inserting Secretary of Homeland Security ; in section 239(a) by striking Attorney General in each place such term appears and inserting Immigration Courts ; in section 239(b)(2) by striking Attorney General and inserting Immigration Courts ; in section 239(b)(3) by striking Attorney General and inserting immigration judge ; in section 239(d)(1) by striking Attorney General and inserting immigration judge ; in section 240(b)— by striking paragraphs
(1)and (6); by redesignating paragraphs
(2)through
(5)as paragraphs
(1)through (4), respectively; by redesignating paragraph
(7)as paragraph (5); by amending paragraph
(1)as redesignated by this paragraph to read as follows: The proceeding may take place— in person; or through video conference, subject to rules promulgated under section 622(a)(5). ; in paragraph
(2)as redesignated by this paragraph, by striking Attorney General and inserting immigration judge ; in paragraph
(3)as redesignated by this paragraph— in the matter preceding subparagraph (A), by striking , under regulations of the Attorney General ; and in subparagraph
(A)by striking , at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceedings and inserting in accordance with section 623(a) ; and in paragraph (4)(A) as redesignated by this paragraph— by striking Service and inserting Government ; and by amending the last sentence to read as follows: Written notice shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under section 239(a)(1)(F). ; in section 240(c)(2), in the matter following subparagraph (B), by striking Attorney General and inserting Secretary of Homeland Security ; in section 240(c)(3)— by striking in the heading and inserting service ; and government by striking Service in each place such term appears and inserting Government ; in section 240(c)(7)(C)(iv)(II)— by striking Attorney General and inserting immigration judge ; and by striking Immigration and Naturalization Service and inserting Secretary of Homeland Security ; in section 240(c)(7)(C)(iv)(III)— by striking Attorney General and inserting immigration judge ; and by striking Attorney General’s and inserting immigration judge’s ; in section 240(d) by amending the first sentence to read as follows: An immigration judge may enter an order of removal stipulated to by the alien (or the alien’s representative) and the Government. ; in section 242(a)(2)(A) by striking Attorney General in each place such term appears and inserting Secretary of Homeland Security ; in section 242(a)(2)(B)(ii), by striking Attorney General each place it appears and inserting the appellate division of the Immigration Courts ; in section 242(a), by adding at the end the following: For purposes of judicial review under this section and section 625(d), the venue of a proceeding before the court of appeals is in the judicial circuit in which— an immigration trial judge of the Immigration Court issued the original underlying decision in the matter; or the underlying administrative action reviewed by the appellate division of the Court occurred. ; in section 242(b)(2) by inserting trial after immigration ; in section 242(b)(3)(A)— by striking Attorney General in the first sentence and inserting United States ; and by amending the second sentence to read as follows: The petition shall be served on the Attorney General and on the officer or employee of the Department of Homeland Security in charge of the district in which the final order of removal under section 240 was entered. ; in section 242(b)(4)(D) by striking Attorney General’s and inserting immigration judge’s ; in section 242(b)(8) by striking Attorney General in each place such term appears and inserting Secretary of Homeland Security ; in section 242(e)(2)(C) by striking as prescribed by the Attorney General ; in section 242(e)(3)(A)(ii) by striking Attorney General and inserting Secretary of Homeland Security ; in section 242(g) by striking Attorney General and inserting Secretary of Homeland Security ; and in section 246(a)— by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; and by striking the second sentence and inserting the following: Upon request of the individual whose status has been rescinded, the Secretary of Homeland Security shall refer such rescission to the United States Immigration Courts for review in accordance with section 604(b)(1)(B). . To the extent consistent with this Act, each reference in the Immigration and Nationality Act (8 U.S.C. et seq.), or in any rule prescribed thereunder— to the Board of Immigration Appeals or an immigration judge, or any administrative appeal, hearing, review, or other proceeding before such Board or judge, shall be deemed to refer, as appropriate, to the United States Immigration Courts established under title VI of the Immigration and Nationality Act, as added by this Act, to the appropriate division of the Court, or to the corresponding proceedings under this Act before such Court; and to the authority of the Attorney General to prescribe rules with respect to the Executive Office for Immigration Review, the Board of Immigration Appeals, immigration judges, or administrative appeals, hearings, reviews, or other proceedings conducted under the Immigration and Nationality Act, by such Office, Board, or judges, shall be deemed to confer rulemaking authority on the appellate division of the United States Immigration Courts established in title VI of the Immigration and Nationality Act, as added by this Act. Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— in paragraph (8), by inserting of the United States Immigration Courts, after Court of Appeals for Veterans Claims, ; and in paragraph (10), by inserting United States Immigration Courts, after Court of Appeals for Veterans Claims, .
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Sec. 9
Technical and conforming provisions
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