8 U.S.C. § 1252 : US Code - Section 1252: Judicial review of orders of removal

    (a) Applicable provisions
      (1) General orders of removal
        Judicial review of a final order of removal (other than an
      order of removal without a hearing pursuant to section 1225(b)(1)
      of this title) is governed only by chapter 158 of title 28,
      except as provided in subsection (b) of this section and except
      that the court may not order the taking of additional evidence
      under section 2347(c) of such title.
      (2) Matters not subject to judicial review
        (A) Review relating to section 1225(b)(1)
          Notwithstanding any other provision of law (statutory or
        nonstatutory), including section 2241 of title 28, or any other
        habeas corpus provision, and sections 1361 and 1651 of such
        title, no court shall have jurisdiction to review - 
            (i) except as provided in subsection (e) of this section,
          any individual determination or to entertain any other cause
          or claim arising from or relating to the implementation or
          operation of an order of removal pursuant to section
          1225(b)(1) of this title,
            (ii) except as provided in subsection (e) of this section,
          a decision by the Attorney General to invoke the provisions
          of such section,
            (iii) the application of such section to individual aliens,
          including the determination made under section 1225(b)(1)(B)
          of this title, or
            (iv) except as provided in subsection (e) of this section,
          procedures and policies adopted by the Attorney General to
          implement the provisions of section 1225(b)(1) of this title.
        (B) Denials of discretionary relief
          Notwithstanding any other provision of law (statutory or
        nonstatutory), including section 2241 of title 28, or any other
        habeas corpus provision, and sections 1361 and 1651 of such
        title, and except as provided in subparagraph (D), and
        regardless of whether the judgment, decision, or action is made
        in removal proceedings, no court shall have jurisdiction to
        review - 
            (i) any judgment regarding the granting of relief under
          section 1182(h), 1182(i), 1229b, 1229c, or 1255 of this
          title, or
            (ii) any other decision or action of the Attorney General
          or the Secretary of Homeland Security the authority for which
          is specified under this subchapter to be in the discretion of
          the Attorney General or the Secretary of Homeland Security,
          other than the granting of relief under section 1158(a) of
          this title.
        (C) Orders against criminal aliens
          Notwithstanding any other provision of law (statutory or
        nonstatutory), including section 2241 of title 28, or any other
        habeas corpus provision, and sections 1361 and 1651 of such
        title, and except as provided in subparagraph (D), no court
        shall have jurisdiction to review any final order of removal
        against an alien who is removable by reason of having committed
        a criminal offense covered in section 1182(a)(2) or
        1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any
        offense covered by section 1227(a)(2)(A)(ii) of this title for
        which both predicate offenses are, without regard to their date
        of commission, otherwise covered by section 1227(a)(2)(A)(i) of
        this title.
        (D) Judicial review of certain legal claims
          Nothing in subparagraph (B) or (C), or in any other provision
        of this chapter (other than this section) which limits or
        eliminates judicial review, shall be construed as precluding
        review of constitutional claims or questions of law raised upon
        a petition for review filed with an appropriate court of
        appeals in accordance with this section.
      (3) Treatment of certain decisions
        No alien shall have a right to appeal from a decision of an
      immigration judge which is based solely on a certification
      described in section 1229a(c)(1)(B) of this title.
      (4) Claims under the United Nations Convention
        Notwithstanding any other provision of law (statutory or
      nonstatutory), including section 2241 of title 28, or any other
      habeas corpus provision, and sections 1361 and 1651 of such
      title, a petition for review filed with an appropriate court of
      appeals in accordance with this section shall be the sole and
      exclusive means for judicial review of any cause or claim under
      the United Nations Convention Against Torture and Other Forms of
      Cruel, Inhuman, or Degrading Treatment or Punishment, except as
      provided in subsection (e) of this section.
      (5) Exclusive means of review
        Notwithstanding any other provision of law (statutory or
      nonstatutory), including section 2241 of title 28, or any other
      habeas corpus provision, and sections 1361 and 1651 of such
      title, a petition for review filed with an appropriate court of
      appeals in accordance with this section shall be the sole and
      exclusive means for judicial review of an order of removal
      entered or issued under any provision of this chapter, except as
      provided in subsection (e) of this section. For purposes of this
      chapter, in every provision that limits or eliminates judicial
      review or jurisdiction to review, the terms "judicial review" and
      "jurisdiction to review" include habeas corpus review pursuant to
      section 2241 of title 28, or any other habeas corpus provision,
      sections 1361 and 1651 of such title, and review pursuant to any
      other provision of law (statutory or nonstatutory).
    (b) Requirements for review of orders of removal
      With respect to review of an order of removal under subsection
    (a)(1) of this section, the following requirements apply:
      (1) Deadline
        The petition for review must be filed not later than 30 days
      after the date of the final order of removal.
      (2) Venue and forms
        The petition for review shall be filed with the court of
      appeals for the judicial circuit in which the immigration judge
      completed the proceedings. The record and briefs do not have to
      be printed. The court of appeals shall review the proceeding on a
      typewritten record and on typewritten briefs.
      (3) Service
        (A) In general
          The respondent is the Attorney General. The petition shall be
        served on the Attorney General and on the officer or employee
        of the Service in charge of the Service district in which the
        final order of removal under section 1229a of this title was
        entered.
        (B) Stay of order
          Service of the petition on the officer or employee does not
        stay the removal of an alien pending the court's decision on
        the petition, unless the court orders otherwise.
        (C) Alien's brief
          The alien shall serve and file a brief in connection with a
        petition for judicial review not later than 40 days after the
        date on which the administrative record is available, and may
        serve and file a reply brief not later than 14 days after
        service of the brief of the Attorney General, and the court may
        not extend these deadlines except upon motion for good cause
        shown. If an alien fails to file a brief within the time
        provided in this paragraph, the court shall dismiss the appeal
        unless a manifest injustice would result.
      (4) Scope and standard for review
        Except as provided in paragraph (5)(B) - 
          (A) the court of appeals shall decide the petition only on
        the administrative record on which the order of removal is
        based,
          (B) the administrative findings of fact are conclusive unless
        any reasonable adjudicator would be compelled to conclude to
        the contrary,
          (C) a decision that an alien is not eligible for admission to
        the United States is conclusive unless manifestly contrary to
        law, and
          (D) the Attorney General's discretionary judgment whether to
        grant relief under section 1158(a) of this title shall be
        conclusive unless manifestly contrary to the law and an abuse
        of discretion.

      No court shall reverse a determination made by a trier of fact
      with respect to the availability of corroborating evidence, as
      described in section 1158(b)(1)(B), 1229a(c)(4)(B), or
      1231(b)(3)(C) of this title, unless the court finds, pursuant to
      subsection (b)(4)(B) of this section, that a reasonable trier of
      fact is compelled to conclude that such corroborating evidence is
      unavailable.
      (5) Treatment of nationality claims
        (A) Court determination if no issue of fact
          If the petitioner claims to be a national of the United
        States and the court of appeals finds from the pleadings and
        affidavits that no genuine issue of material fact about the
        petitioner's nationality is presented, the court shall decide
        the nationality claim.
        (B) Transfer if issue of fact
          If the petitioner claims to be a national of the United
        States and the court of appeals finds that a genuine issue of
        material fact about the petitioner's nationality is presented,
        the court shall transfer the proceeding to the district court
        of the United States for the judicial district in which the
        petitioner resides for a new hearing on the nationality claim
        and a decision on that claim as if an action had been brought
        in the district court under section 2201 of title 28.
        (C) Limitation on determination
          The petitioner may have such nationality claim decided only
        as provided in this paragraph.
      (6) Consolidation with review of motions to reopen or reconsider
        When a petitioner seeks review of an order under this section,
      any review sought of a motion to reopen or reconsider the order
      shall be consolidated with the review of the order.
      (7) Challenge to validity of orders in certain criminal
        proceedings
        (A) In general
          If the validity of an order of removal has not been
        judicially decided, a defendant in a criminal proceeding
        charged with violating section 1253(a) of this title may
        challenge the validity of the order in the criminal proceeding
        only by filing a separate motion before trial. The district
        court, without a jury, shall decide the motion before trial.
        (B) Claims of United States nationality
          If the defendant claims in the motion to be a national of the
        United States and the district court finds that - 
            (i) no genuine issue of material fact about the defendant's
          nationality is presented, the court shall decide the motion
          only on the administrative record on which the removal order
          is based and the administrative findings of fact are
          conclusive if supported by reasonable, substantial, and
          probative evidence on the record considered as a whole; or
            (ii) a genuine issue of material fact about the defendant's
          nationality is presented, the court shall hold a new hearing
          on the nationality claim and decide that claim as if an
          action had been brought under section 2201 of title 28.

        The defendant may have such nationality claim decided only as
        provided in this subparagraph.
        (C) Consequence of invalidation
          If the district court rules that the removal order is
        invalid, the court shall dismiss the indictment for violation
        of section 1253(a) of this title. The United States Government
        may appeal the dismissal to the court of appeals for the
        appropriate circuit within 30 days after the date of the
        dismissal.
        (D) Limitation on filing petitions for review
          The defendant in a criminal proceeding under section 1253(a)
        of this title may not file a petition for review under
        subsection (a) of this section during the criminal proceeding.
      (8) Construction
        This subsection - 
          (A) does not prevent the Attorney General, after a final
        order of removal has been issued, from detaining the alien
        under section 1231(a) of this title;
          (B) does not relieve the alien from complying with section
        1231(a)(4) of this title and section 1253(g) (!1) of this
        title; and

          (C) does not require the Attorney General to defer removal of
        the alien.
      (9) Consolidation of questions for judicial review
        Judicial review of all questions of law and fact, including
      interpretation and application of constitutional and statutory
      provisions, arising from any action taken or proceeding brought
      to remove an alien from the United States under this subchapter
      shall be available only in judicial review of a final order under
      this section. Except as otherwise provided in this section, no
      court shall have jurisdiction, by habeas corpus under section
      2241 of title 28 or any other habeas corpus provision, by section
      1361 or 1651 of such title, or by any other provision of law
      (statutory or nonstatutory), to review such an order or such
      questions of law or fact.
    (c) Requirements for petition
      A petition for review or for habeas corpus of an order of removal
    - 
        (1) shall attach a copy of such order, and
        (2) shall state whether a court has upheld the validity of the
      order, and, if so, shall state the name of the court, the date of
      the court's ruling, and the kind of proceeding.
    (d) Review of final orders
      A court may review a final order of removal only if - 
        (1) the alien has exhausted all administrative remedies
      available to the alien as of right, and
        (2) another court has not decided the validity of the order,
      unless the reviewing court finds that the petition presents
      grounds that could not have been presented in the prior judicial
      proceeding or that the remedy provided by the prior proceeding
      was inadequate or ineffective to test the validity of the order.
    (e) Judicial review of orders under section 1225(b)(1)
      (1) Limitations on relief
        Without regard to the nature of the action or claim and without
      regard to the identity of the party or parties bringing the
      action, no court may - 
          (A) enter declaratory, injunctive, or other equitable relief
        in any action pertaining to an order to exclude an alien in
        accordance with section 1225(b)(1) of this title except as
        specifically authorized in a subsequent paragraph of this
        subsection, or
          (B) certify a class under Rule 23 of the Federal Rules of
        Civil Procedure in any action for which judicial review is
        authorized under a subsequent paragraph of this subsection.
      (2) Habeas corpus proceedings
        Judicial review of any determination made under section
      1225(b)(1) of this title is available in habeas corpus
      proceedings, but shall be limited to determinations of - 
          (A) whether the petitioner is an alien,
          (B) whether the petitioner was ordered removed under such
        section, and
          (C) whether the petitioner can prove by a preponderance of
        the evidence that the petitioner is an alien lawfully admitted
        for permanent residence, has been admitted as a refugee under
        section 1157 of this title, or has been granted asylum under
        section 1158 of this title, such status not having been
        terminated, and is entitled to such further inquiry as
        prescribed by the Attorney General pursuant to section
        1225(b)(1)(C) of this title.
      (3) Challenges on validity of the system
        (A) In general
          Judicial review of determinations under section 1225(b) of
        this title and its implementation is available in an action
        instituted in the United States District Court for the District
        of Columbia, but shall be limited to determinations of - 
            (i) whether such section, or any regulation issued to
          implement such section, is constitutional; or
            (ii) whether such a regulation, or a written policy
          directive, written policy guideline, or written procedure
          issued by or under the authority of the Attorney General to
          implement such section, is not consistent with applicable
          provisions of this subchapter or is otherwise in violation of
          law.
        (B) Deadlines for bringing actions
          Any action instituted under this paragraph must be filed no
        later than 60 days after the date the challenged section,
        regulation, directive, guideline, or procedure described in
        clause (i) or (ii) of subparagraph (A) is first implemented.
        (C) Notice of appeal
          A notice of appeal of an order issued by the District Court
        under this paragraph may be filed not later than 30 days after
        the date of issuance of such order.
        (D) Expeditious consideration of cases
          It shall be the duty of the District Court, the Court of
        Appeals, and the Supreme Court of the United States to advance
        on the docket and to expedite to the greatest possible extent
        the disposition of any case considered under this paragraph.
      (4) Decision
        In any case where the court determines that the petitioner - 
          (A) is an alien who was not ordered removed under section
        1225(b)(1) of this title, or
          (B) has demonstrated by a preponderance of the evidence that
        the alien is an alien lawfully admitted for permanent
        residence, has been admitted as a refugee under section 1157 of
        this title, or has been granted asylum under section 1158 of
        this title, the court may order no remedy or relief other than
        to require that the petitioner be provided a hearing in
        accordance with section 1229a of this title. Any alien who is
        provided a hearing under section 1229a of this title pursuant
        to this paragraph may thereafter obtain judicial review of any
        resulting final order of removal pursuant to subsection (a)(1)
        of this section.
      (5) Scope of inquiry
        In determining whether an alien has been ordered removed under
      section 1225(b)(1) of this title, the court's inquiry shall be
      limited to whether such an order in fact was issued and whether
      it relates to the petitioner. There shall be no review of whether
      the alien is actually inadmissible or entitled to any relief from
      removal.
    (f) Limit on injunctive relief
      (1) In general
        Regardless of the nature of the action or claim or of the
      identity of the party or parties bringing the action, no court
      (other than the Supreme Court) shall have jurisdiction or
      authority to enjoin or restrain the operation of the provisions
      of part IV of this subchapter, as amended by the Illegal
      Immigration Reform and Immigrant Responsibility Act of 1996,
      other than with respect to the application of such provisions to
      an individual alien against whom proceedings under such part have
      been initiated.
      (2) Particular cases
        Notwithstanding any other provision of law, no court shall
      enjoin the removal of any alien pursuant to a final order under
      this section unless the alien shows by clear and convincing
      evidence that the entry or execution of such order is prohibited
      as a matter of law.
    (g) Exclusive jurisdiction
      Except as provided in this section and notwithstanding any other
    provision of law (statutory or nonstatutory), including section
    2241 of title 28, or any other habeas corpus provision, and
    sections 1361 and 1651 of such title, no court shall have
    jurisdiction to hear any cause or claim by or on behalf of any
    alien arising from the decision or action by the Attorney General
    to commence proceedings, adjudicate cases, or execute removal
    orders against any alien under this chapter.