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

Search 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.