Sec. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS
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## SEC. 130004 DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS ###
(a)Elimination of Administrative Hearing for Certain Criminal Aliens Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by adding at the end the following new subsection: > > ### “(b) Deportation of Aliens Who Are Not Permanent Residents > > > #### “(1) > > The Attorney General may, in the case of an alien described in paragraph (2), determine the deportability of such alien under section 241(a)(2)(A)(iii) (relating to conviction of an aggravated felony) and issue an order of deportation pursuant to the procedures set forth in this subsection or section 242(b). > > > #### “(2) > > An alien is described in this paragraph if the alien— > > > ##### “(A) > > was not lawfully admitted for permanent residence at the time at which proceedings under this section commenced; and > > > ##### “(B) > > is not eligible for any relief from deportation under this Act. > > > #### “(3) > > The Attorney General may not execute any order described in paragraph
(1)until 30 calendar days have passed from the date that such order was issued, unless waived by the alien, in order that the alien has an opportunity to apply for judicial review under section 106. > > > #### “(4) > > Proceedings before the Attorney General under this subsection shall be in accordance with such regulations as the Attorney General shall prescribe. The Attorney General shall provide that— > > > ##### “(A) > > the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C); > > > ##### “(B) > > the alien shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proccedings, as the alien shall choose; > > > ##### “(C) > > the alien has a reasonable opportunity to inspect the evidence and rebut the charges; > > > ##### “(D) > > the determination of deportability is supported by clear, convincing, and unequivocal evidence and a record is maintained for judicial review; and > > > ##### “(E) > > the final order of deportation is not entered by the same person who issues the charges.” > . ###
(b)Limited Judicial Review Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) is amended— ####
(1)in the first sentence of subsection (a), by inserting “or pursuant to section 242A” after “under section 242(b)”; ####
(2)in subsection (a)(1) and subsection (a)(3), by inserting “(including an alien described in section 242A)” after “aggravated felony”; and ####
(3)by adding at the end the following new subsection: > > ### “(d) > > > ####
(1)> > A petition for review or for habeas corpus on behalf of an alien against whom a final order of deportation has been issued pursuant to section 242A(b) may challenge only— > > > ##### “(A) > > whether the alien is in fact the alien described in the order; > > > ##### “(B) > > whether the alien is in fact an alien described in section 242A(b)(2); > > > ##### “(C) > > whether the alien has been convicted of an aggravated felony and such conviction has become final; and > > > ##### “(D) > > whether the alien was afforded the procedures required by section 242A(b)(5). > > > #### “(2) > > No court shall have jurisdiction to review any issue other than an issue described in paragraph (1).” > . ###
(c)Technical Amendments Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended— ####
(1)by amending the heading to read as follows:" EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING AGGRAVATED FELONIES ”"; ####
(2)in subsection (a), as designated prior to enactment of this Act, by striking “
(a)In General.— ” and inserting the following: > > ### “(a) Deportation of Criminal Aliens > > > #### “(1) in general.—” > ; ####
(3)in subsection (b), as designated prior to enactment of this Act, by striking “(b) Implementation.—” and inserting “(2) Implementation.—”; ####
(4)by striking subsection (c); ####
(5)in subsection (d)— #####
(A)by striking “(d) Expedited Proceedings.—(1)” and inserting “(3) expedited proceedings.—(A)”; and #####
(B)by striking “(2)” and inserting “(B)”; and ####
(6)in subsection (e)— #####
(A)by striking “(e) Review.—(1)” and inserting “(4) review.—(A)”; #####
(B)by striking the second sentence; and #####
(C)by striking “(2)” and inserting “(B)”. ###
(d)Effective Date **[**[8 U.S.C. 1228 note](/us/usc/t8/s1228)**]** The amendments made by this section shall apply to all aliens against whom deportation proceedings are initiated after the date of enactment of this Act.
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Sec. 130004
DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS
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