Notes on 8 U.S.C. § 1158 : US Code - Notes

    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 208, as added Pub.
    L. 96-212, title II, Sec. 201(b), Mar. 17, 1980, 94 Stat. 105;
    amended Pub. L. 101-649, title V, Sec. 515(a)(1), Nov. 29, 1990,
    104 Stat. 5053; Pub. L. 103-322, title XIII, Sec. 130005(b), Sept.
    13, 1994, 108 Stat. 2028; Pub. L. 104-132, title IV, Sec. 421(a),
    Apr. 24, 1996, 110 Stat. 1270; Pub. L. 104-208, div. C, title VI,
    Sec. 604(a), Sept. 30, 1996, 110 Stat. 3009-690; Pub. L. 107-56,
    title IV, Sec. 411(b)(2), Oct. 26, 2001, 115 Stat. 348; Pub. L. 107-
    208, Sec. 4, Aug. 6, 2002, 116 Stat. 928; Pub. L. 109-13, div. B,
    title I, Sec. 101(a), (b), May 11, 2005, 119 Stat. 302, 303; Pub.
    L. 110-229, title VII, Sec. 702(j)(4), May 8, 2008, 122 Stat. 866;
    Pub. L. 110-457, title II, Sec. 235(d)(7), Dec. 23, 2008, 122 Stat.
    5080.)


                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (d)(5)(B), (6), was in the
    original, "this Act", meaning act June 27, 1952, ch. 477, 66 Stat.
    163, known as the Immigration and Nationality Act, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1101 of this title and Tables.



                                AMENDMENTS                            
      2008 - Subsec. (a)(2)(E). Pub. L. 110-457, Sec. 235(d)(7)(A),
    added subpar. (E).
      Subsec. (b)(3)(C). Pub. L. 110-457, Sec. 235(d)(7)(B), added
    subpar. (C).
      Subsec. (e). Pub. L. 110-229 added subsec. (e).
      2005 - Subsec. (b)(1). Pub. L. 109-13, Sec. 101(a)(1), (2),
    designated existing provisions as subpar. (A), inserted subpar.
    heading, and substituted "The Secretary of Homeland Security or the
    Attorney General" for "The Attorney General" and "the Secretary of
    Homeland Security or the Attorney General" for "the Attorney
    General" in two places.
      Subsec. (b)(1)(B). Pub. L. 109-13, Sec. 101(a)(3), added subpar.
    (B)
      Subsec. (b)(2)(A)(v). Pub. L. 109-13, Sec. 101(b), substituted
    "described in" for "inadmissible under" in two places and struck
    out "removable under" before "section 1227(a)(4)(B)".
      2002 - Subsec. (b)(3). Pub. L. 107-208 reenacted heading without
    change and amended text generally. Prior to amendment, text read as
    follows: "A spouse or child (as defined in section 1101(b)(1)(A),
    (B), (C), (D), or (E) of this title) of an alien who is granted
    asylum under this subsection may, if not otherwise eligible for
    asylum under this section, be granted the same status as the alien
    if accompanying, or following to join, such alien."
      2001 - Subsec. (b)(2)(A)(v). Pub. L. 107-56 substituted "(III),
    (IV), or (VI)" for "(III), or (IV)".
      1996 - Pub. L. 104-208 substituted "Asylum" for "Asylum
    procedure" as section catchline and amended text generally,
    substituting subsecs. (a) to (d) for former subsecs. (a) to (e).
      Subsec. (a). Pub. L. 104-132, Sec. 421(a), inserted at end "The
    Attorney General may not grant an alien asylum if the Attorney
    General determines that the alien is excludable under subclause
    (I), (II), or (III) of section 1182(a)(3)(B)(i) of this title or
    deportable under section 1251(a)(4)(B) of this title, unless the
    Attorney General determines, in the discretion of the Attorney
    General, that there are not reasonable grounds for regarding the
    alien as a danger to the security of the United States."
      1994 - Subsec. (e). Pub. L. 103-322 added subsec. (e).
      1990 - Subsec. (d). Pub. L. 101-649 added subsec. (d).

                     EFFECTIVE DATE OF 2008 AMENDMENT                 
      Amendment by Pub. L. 110-229 effective on the transition program
    effective date described in section 1806 of Title 48, Territories
    and Insular Possessions, see section 705(b) of Pub. L. 110-229, set
    out as an Effective Date note under section 1806 of Title 48.

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-13, div. B, title I, Sec. 101(h)(1), (2), May 11,
    2005, 119 Stat. 305, provided that:
      "(1) The amendments made by paragraphs (1) and (2) of subsection
    (a) [amending this section] shall take effect as if enacted on
    March 1, 2003.
      "(2) The amendments made by subsections (a)(3), (b), (c), and (d)
    [amending this section and sections 1229a and 1231 of this title]
    shall take effect on the date of the enactment of this division
    [May 11, 2005] and shall apply to applications for asylum,
    withholding, or other relief from removal made on or after such
    date."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-208 effective Aug. 6, 2002, and
    applicable to certain beneficiary aliens, see section 8 of Pub. L.
    107-208, set out as a note under section 1151 of this title.

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-56 effective Oct. 26, 2001, and
    applicable to actions taken by an alien before, on, or after Oct.
    26, 2001, and to all aliens, regardless of date of entry or
    attempted entry into the United States, in removal proceedings on
    or after such date (except for proceedings in which there has been
    a final administrative decision before such date) or seeking
    admission to the United States on or after such date, with special
    rules and exceptions, see section 411(c) of Pub. L. 107-56, set out
    as a note under section 1182 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Section 604(c) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    apply to applications for asylum filed on or after the first day of
    the first month beginning more than 180 days after the date of the
    enactment of this Act [Sept. 30, 1996].
      Section 421(b) of Pub. L. 104-132 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    the date of the enactment of this Act [Apr. 24, 1996] and apply to
    asylum determinations made on or after such date."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 515(b) of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 306(a)(13), Dec. 12, 1991, 105 Stat. 1752, provided
    that:
      "(1) The amendment made by subsection (a)(1) [amending this
    section] shall apply to convictions entered before, on, or after
    the date of the enactment of this Act [Nov. 29, 1990] and to
    applications for asylum made on or after such date.
      "(2) The amendment made by subsection (a)(2) [amending section
    1253 of this title] shall apply to convictions entered before, on,
    or after the date of the enactment of this Act [Nov. 29, 1990] and
    to applications for withholding of deportation made on or after
    such date."

                              EFFECTIVE DATE                          
      Section effective Mar. 17, 1980, and applicable to fiscal years
    beginning with the fiscal year beginning Oct. 1, 1979, see section
    204 of Pub. L. 96-212, set out as an Effective Date of 1980
    Amendment note under section 1101 of this title.

                                REGULATIONS                            
      Pub. L. 110-340, Sec. 2(d), Oct. 3, 2008, 122 Stat. 3736,
    provided that:
      "(1) Issuance of regulations. - Not later than 60 days after the
    date of enactment of this Act [Oct. 3, 2008], the Attorney General
    and the Secretary of Homeland Security shall promulgate final
    regulations establishing that, for purposes of sections
    241(b)(3)(B)(iii) and 208(b)(2)(A)(iii) of the Immigration and
    Nationality Act (8 U.S.C. 1231(b)(3)(B)(iii); 8 U.S.C.
    1158(b)(2)(A)(iii)), an alien who is deportable under section
    237(a)(4)(F) of such Act (8 U.S.C. 1227(a)(4)(F)) or inadmissible
    under section 212(a)(3)(G) of such Act (8 U.S.C. 1182(a)(3)(G))
    shall be considered an alien with respect to whom there are serious
    reasons to believe that the alien committed a serious nonpolitical
    crime.
      "(2) Authority to waive certain regulatory requirements. - The
    requirements of chapter 5 of title 5, United States Code (commonly
    referred to as the 'Administrative Procedure Act'), chapter 35 of
    title 44, United States Code (commonly referred to as the
    'Paperwork Reduction Act'), or any other law relating to
    rulemaking, information collection, or publication in the Federal
    Register, shall not apply to any action to implement paragraph (1)
    to the extent the Attorney General or the Secretary Homeland of
    [sic] Security determines that compliance with any such requirement
    would impede the expeditious implementation of such paragraph."



    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.



             EXPEDITIOUS REMOVAL FOR DENIED ASYLUM APPLICANTS         
      Section 130005 of Pub. L. 103-322, as amended by Pub. L. 104-208,
    div. C, title III, Sec. 308(e)(1)(P), (17), Sept. 30, 1996, 110
    Stat. 3009-620, 3009-621, provided:
      "(a) In General. - The Attorney General may provide for the
    expeditious adjudication of asylum claims and the expeditious
    removal of asylum applicants whose applications have been finally
    denied, unless the applicant remains in an otherwise valid
    nonimmigrant status.
      "(b) Employment Authorization. - [Amended this section.]
      "(c) Authorization of Appropriations. - There are authorized to
    be appropriated to carry out this section - 
        "(1) $64,000,000 for fiscal year 1995;
        "(2) $90,000,000 for fiscal year 1996;
        "(3) $93,000,000 for fiscal year 1997; and
        "(4) $91,000,000 for fiscal year 1998."

      TIME FOR ESTABLISHMENT OF ASYLUM PROCEDURE BY ATTORNEY GENERAL  
      Section 204(d)(2) of Pub. L. 96-212 provided that: "The Attorney
    General shall establish the asylum procedure referred to in section
    208(a) of the Immigration and Nationality Act (as added by section
    201(b) of this title) [former subsec. (a) of this section] not
    later than June 1, 1980."


    (footnote 1) So in original. Probably should be "sections".