Notes on 8 U.S.C. § 1252 : US Code - Notes

Search Notes on 8 U.S.C. § 1252 : US Code - Notes

    (June 27, 1952, ch. 477, title II, ch. 5, Sec. 242, 66 Stat. 208;
    Sept. 3, 1954, ch. 1263, Sec. 17, 68 Stat. 1232; Pub. L. 97-116,
    Sec. 18(h)(1), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 98-473, title
    II, Sec. 220(b), Oct. 12, 1984, 98 Stat. 2028; Pub. L. 99-603,
    title VII, Sec. 701, Nov. 6, 1986, 100 Stat. 3445; Pub. L. 100-525,
    Sec. 9(n), Oct. 24, 1988, 102 Stat. 2620; Pub. L. 100-690, title
    VII, Sec. 7343(a), Nov. 18, 1988, 102 Stat. 4470; Pub. L. 101-649,
    title V, Secs. 504(a), 545(e), title VI, Sec. 603(b)(2), Nov. 29,
    1990, 104 Stat. 5049, 5066, 5085; Pub. L. 102-232, title III, Secs.
    306(a)(4), (c)(7), 307(m)(2), 309(b)(9), Dec. 12, 1991, 105 Stat.
    1751, 1753, 1757, 1759; Pub. L. 103-322, title II, Sec. 20301(a),
    title XIII, Sec. 130001(a), Sept. 13, 1994, 108 Stat. 1823, 2023;
    Pub. L. 103-416, title II, Secs. 219(h), 224(b), Oct. 25, 1994, 108
    Stat. 4317, 4324; Pub. L. 104-132, title IV, Secs. 436(a), (b)(1),
    438(a), 440(c), (h), Apr. 24, 1996, 110 Stat. 1275, 1277, 1279;
    Pub. L. 104-208, div. C, title III, Secs. 306(a), (d),
    308(g)(10)(H), 371(b)(6), Sept. 30, 1996, 110 Stat. 3009-607, 3009-
    612, 3009-625, 3009-645; Pub. L. 109-13, div. B, title I, Secs.
    101(e), (f), 106(a), May 11, 2005, 119 Stat. 305, 310.)


                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(2)(D), (5), and (g),
    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.
      Section 1253 of this title, referred to in subsec. (b)(8)(B), was
    amended generally by Pub. L. 104-208, div. C, title III, Sec.
    307(a), Sept. 30, 1996, 110 Stat. 3009-612, and, as so amended, no
    longer contains a subsec. (g). Provisions similar to those
    contained in former subsec. (g) of section 1253 are now contained
    in subsec. (d) of section 1253.
      Rule 23 of the Federal Rules of Civil Procedure, referred to in
    subsec. (e)(1)(B), is set out in the Appendix to Title 28,
    Judiciary and Judicial Procedure.
      The Illegal Immigration Reform and Immigrant Responsibility Act
    of 1996, referred to in subsec. (f)(1), is div. C of Pub. L. 104-
    208, Sept. 30, 1996, 110 Stat. 3009-546. For complete
    classification of this Act to the Code, see Short Title of 1996
    Amendment note set out under section 1101 of this title and Tables.



                                AMENDMENTS                            
      2005 - Subsec. (a)(2)(A). Pub. L. 109-13, Sec. 106(a)(1)(A)(i),
    inserted "(statutory or nonstatutory), including section 2241 of
    title 28, or any other habeas corpus provision, and sections 1361
    and 1651 of such title" after "Notwithstanding any other provision
    of law" in introductory provisions.
      Subsec. (a)(2)(B). Pub. L. 109-13, Sec. 106(a)(1)(A)(ii),
    inserted "(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)"
    after "Notwithstanding any other provision of law" in introductory
    provisions.
      Pub. L. 109-13, Sec. 101(f)(2), inserted "and regardless of
    whether the judgment, decision, or action is made in removal
    proceedings," before "no court shall" in introductory provisions.
      Subsec. (a)(2)(B)(ii). Pub. L. 109-13, Sec. 101(f)(1), inserted
    "or the Secretary of Homeland Security" after "Attorney General" in
    two places.
      Subsec. (a)(2)(C). Pub. L. 109-13, Sec. 106(a)(1)(A)(ii),
    inserted "(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)"
    after "Notwithstanding any other provision of law".
      Subsec. (a)(2)(D). Pub. L. 109-13, Sec. 106(a)(1)(A)(iii), added
    subpar. (D).
      Subsec. (a)(4), (5). Pub. L. 109-13, Sec. 106(a)(1)(B), added
    pars. (4) and (5).
      Subsec. (b)(4). Pub. L. 109-13, Sec. 101(e), added concluding
    provisions.
      Subsec. (b)(9). Pub. L. 109-13, Sec. 106(a)(2), inserted at end
    "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."
      Subsec. (g). Pub. L. 109-13, Sec. 106(a)(3), inserted "(statutory
    or nonstatutory), including section 2241 of title 28, or any other
    habeas corpus provision, and sections 1361 and 1651 of such title"
    after "notwithstanding any other provision of law".
      1996 - Pub. L. 104-208, Sec. 306(a)(2), amended section
    generally, substituting subsecs. (a) to (g) relating to judicial
    review of orders of removal for former subsecs. (a) to (i) relating
    to apprehension and deportation of aliens.
      Subsec. (a)(2). Pub. L. 104-132, Sec. 440(c)(2), struck out
    subpar. (B) which read as follows: "The Attorney General may not
    release from custody any lawfully admitted alien who has been
    convicted of an aggravated felony, either before or after a
    determination of deportability, unless the alien demonstrates to
    the satisfaction of the Attorney General that such alien is not a
    threat to the community and that the alien is likely to appear
    before any scheduled hearings."
      Pub. L. 104-132, Sec. 440(c)(1)(C), struck out "but subject to
    subparagraph (B)" before ", the Attorney General shall not
    release".
      Pub. L. 104-132, Sec. 440(c)(1)(B), as amended by Pub. L. 104-
    208, Secs. 306(d), 308(g)(10)(H), substituted "any criminal
    offense covered in section 1251(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
    the date of their commission, otherwise covered by section
    1227(a)(2)(A)(i) of this title" for "an aggravated felony upon
    release of the alien (regardless of whether or not such release is
    on parole, supervised release, or probation, and regardless of the
    possibility of rearrest or further confinement in respect of the
    same offense)".
      Pub. L. 104-132, Sec. 440(c)(1)(A), substituted "(2) The
    Attorney" for "(2)(A) The Attorney".
      Subsec. (b). Pub. L. 104-208, Sec. 371(b)(6), substituted "An
    immigration judge" for "A special inquiry officer", "an immigration
    judge" for "a special inquiry officer" in two places, and
    "immigration judge" for "special inquiry officer" wherever
    appearing.
      Pub. L. 104-132, Sec. 436(a), inserted before period at end of
    second sentence "; except that nothing in this subsection shall
    preclude the Attorney General from authorizing proceedings by
    electronic or telephonic media (with the consent of the alien) or,
    where waived or agreed to by the parties, in the absence of the
    alien".
      Subsec. (c)(1). Pub. L. 104-132, Sec. 440(h)(1), designated
    existing provisions of subsec. (c) as par. (1) and substituted
    "Subject to paragraph (2), when a final order" for "When a final
    order".
      Subsec. (c)(2). Pub. L. 104-132, Sec. 440(h)(2), as amended by
    Pub. L. 104-208, Secs. 306(d), 308(g)(10)(H), added par. (2).
      Subsec. (h). Pub. L. 104-132, Sec. 438(a), amended subsec. (h)
    generally, restating prior single par. as par. (1) and adding pars.
    (2) and (3) authorizing the Attorney General to deport an alien
    prior to the completion of a sentence of imprisonment and requiring
    notice to deported aliens of penalties for reentry.
      Subsec. (i). Pub. L. 104-132, Sec. 436(b)(1), inserted at end
    "Nothing in this subsection shall be construed to create any
    substantive or procedural right or benefit that is legally
    enforceable by any party against the United States or its agencies
    or officers or any other person."
      Subsec. (j). Pub. L. 104-208, Sec. 306(a)(1), redesignated
    subsec. (j) as subsec. (i) of section 1231 of this title.
      1994 - Subsec. (b). Pub. L. 103-416, Sec. 224(b), substituted
    "Except as provided in section 1252a(d) of this title, the" for
    "The" in ninth sentence.
      Subsec. (e). Pub. L. 103-322, Sec. 130001(a), struck out
    "paragraph (2), (3), or (4) of" before "section 1251(a) of this
    title" and substituted "shall be imprisoned not more than four
    years, or shall be imprisoned not more than ten years if the alien
    is a member of any of the classes described in paragraph (1)(E),
    (2), (3), or (4) of section 1251(a) of this title." for "shall be
    imprisoned not more than ten years".
      Subsec. (h). Pub. L. 103-416, Sec. 219(h), substituted "Parole,"
    for "Parole,,".
      Subsec. (j). Pub. L. 103-322, Sec. 20301(a), added subsec. (j).
      1991 - Subsec. (a)(2)(B). Pub. L. 102-232, Sec. 306(a)(4),
    amended subpar. (B) generally. Prior to amendment, subpar. (B) read
    as follows: "The Attorney General shall release from custody an
    alien who is lawfully admitted for permanent residence on bond or
    such other conditions as the Attorney General may prescribe if the
    Attorney General determines that the alien is not a threat to the
    community and that the alien is likely to appear before any
    scheduled hearings."
      Subsec. (b). Pub. L. 102-232, Sec. 306(c)(7), amended eighth
    sentence generally, substituting "Such regulations shall include
    requirements that are consistent with section 1252b of this title
    and that provide that - " and pars. (1) to (4) for "Such
    regulations shall include requirements consistent with section
    1252b of this title."
      Subsec. (e). Pub. L. 102-232, Sec. 307(m)(2), substituted
    "paragraph (2), (3), or (4)" for "paragraphs (4), (5), (6), (7),
    (11), (12), (14), (15), (16), (17), (18), or (19)".
      Subsec. (h). Pub. L. 102-232, Sec. 309(b)(9), inserted a comma
    after "Parole".
      1990 - Subsec. (a)(2). Pub. L. 101-649, Sec. 504(a), designated
    existing text as subpar. (A), substituted "upon release of the
    alien (regardless of whether or not such release is on parole,
    supervised release, or probation, and regardless of the possibility
    of rearrest or further confinement in respect of the same offense)"
    for "upon completion of the alien's sentence for such conviction"
    and "Notwithstanding paragraph (1) or subsections (c) and (d) of
    this section but subject to subparagraph (B)" for "Notwithstanding
    subsection (a) of this section", and added subpar. (B).
      Subsec. (b). Pub. L. 101-649, Sec. 603(b)(2)(A), substituted
    "(2), (3), or (4)" for "(4), (5), (6), (7), (11), (12), (14), (15),
    (16), (17), (18), or (19)".
      Pub. L. 101-649, Sec. 545(e), amended eighth sentence generally.
    Prior to amendment, eighth sentence read as follows: "Such
    regulations shall include requirements that - 
        "(1) the alien shall be given notice, reasonable under all the
      circumstances, of the nature of the charges against him and of
      the time and place at which the proceedings will be held;
        "(2) the alien shall have the privilege of being represented
      (at no expense to the Government) by such counsel, authorized to
      practice in such proceedings, as he shall choose;
        "(3) the alien shall have a reasonable opportunity to examine
      the evidence against him, to present evidence in his own behalf,
      and to cross-examine witnesses presented by the Government; and
        "(4) no decision of deportability shall be valid unless it is
      based upon reasonable, substantial, and probative evidence."
      Subsec. (e). Pub. L. 101-649, Sec. 603(b)(2)(B), which directed
    the substitution of "paragraph (2), (3) or (4)" for "paragraph (4),
    (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)",
    could not be executed because the quoted language differed from the
    text. See 1991 Amendment note above.
      1988 - Subsec. (a). Pub. L. 100-690 designated existing
    provisions as par. (1), substituted "Except as provided in
    paragraph (2), any" for "Any", redesignated cls. (1) to (3) as (A)
    to (C), respectively, and added pars. (2) and (3).
      Subsec. (e). Pub. L. 100-525 struck out "or from September 23,
    1950, whichever is the later," after "from the date of the final
    order of the court,".
      1986 - Subsec. (i). Pub. L. 99-603 added subsec. (i).
      1984 - Subsec. (h). Pub. L. 98-473, which directed that
    "supervised release," be inserted after "parole,", was executed by
    inserting "supervised release," after "Parole," to reflect the
    probable intent of Congress.
      1981 - Subsec. (b). Pub. L. 97-116, Sec. 18(h)(1)(A), substituted
    "(18), or (19)" for "or (18)" in provision following par. (4).
      Subsec. (e). Pub. L. 97-116, Sec. 18(h)(1)(B), substituted "(18),
    or (19)" for "or (18)".
      1954 - Subsec. (d). Act Sept. 3, 1954, struck out "shall upon
    conviction be guilty of a felony."

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-13, div. B, title I, Sec. 101(h)(3), (4), May 11,
    2005, 119 Stat. 305, 306, provided that:
      "(3) The amendment made by subsection (e) [amending this section]
    shall take effect on the date of the enactment of this division
    [May 11, 2005] and shall apply to all cases in which the final
    administrative removal order is or was issued before, on, or after
    such date.
      "(4) The amendments made by subsection (f) [amending this
    section] shall take effect on the date of the enactment of this
    division [May 11, 2005] and shall apply to all cases pending before
    any court on or after such date."
      Pub. L. 109-13, div. B, title I, Sec. 106(b), May 11, 2005, 119
    Stat. 311, provided that: "The amendments made by subsection (a)
    [amending this section] shall take effect upon the date of the
    enactment of this division [May 11, 2005] and shall apply to cases
    in which the final administrative order of removal, deportation, or
    exclusion was issued before, on, or after the date of the enactment
    of this division."

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Section 306(c) of div. C of Pub. L. 104-208, as amended by Pub.
    L. 104-302, Sec. 2(1), Oct. 11, 1996, 110 Stat. 3657, provided
    that:
      "(1) In general. - Subject to paragraph (2), the amendments made
    by subsections (a) and (b) [amending this section and section 1231
    of this title and repealing section 1105a of this title] shall
    apply as provided under section 309 [8 U.S.C. 1101 note], except
    that subsection (g) of section 242 of the Immigration and
    Nationality Act [8 U.S.C. 1252(g)] (as added by subsection (a)),
    shall apply without limitation to claims arising from all past,
    pending, or future exclusion, deportation, or removal proceedings
    under such Act [8 U.S.C. 1101 et seq.].
      "(2) Limitation. - Paragraph (1) shall not be considered to
    invalidate or to require the reconsideration of any judgment or
    order entered under section 106 of the Immigration and Nationality
    Act [former 8 U.S.C. 1105a], as amended by section 440 of Public
    Law 104-132."
      [Section 2 of Pub. L. 104-302 provided that the amendment made by
    that section to section 306(c)(1) of Pub. L. 104-208, set out
    above, is effective Sept. 30, 1996.]
      Section 306(d) of div. C of Pub. L. 104-208 provided that the
    amendment made by that section is effective as if included in the
    enactment of the Antiterrorism and Effective Death Penalty Act of
    1996, Pub. L. 104-132.
      Amendment by section 308(g)(10)(H) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 371(b)(6) of Pub. L. 104-208 effective Sept.
    30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a
    note under section 1101 of this title.
      For delayed effective date of amendment by section 440(c) of Pub.
    L. 104-132, see section 303(b)(2) of Pub. L. 104-208, set out as a
    note under section 1226 of this title.
      Section 436(b)(3) of Pub. L. 104-132 provided that: "The
    amendments made by this subsection [amending this section and
    provisions set out as a note under section 1101 of this title]
    shall take effect as if included in the enactment of the
    Immigration and Nationality Technical Corrections Act of 1994
    (Public Law 103-416)."

                     EFFECTIVE DATE OF 1994 AMENDMENTS                 
      Amendment by section 219(h) of Pub. L. 103-416 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
    under section 1101 of this title.
      Section 224(c) of Pub. L. 103-416 provided that: "The amendments
    made by this section [amending this section and section 1252a of
    this title] shall apply to all aliens whose adjudication of guilt
    or guilty plea is entered in the record after the date of enactment
    of this Act [Oct. 25, 1994]."
      Section 20301(b) of Pub. L. 103-322 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect
    October 1, 1994."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by section 306(a)(4), (c)(7) of Pub. L. 102-232
    effective as if included in the enactment of the Immigration Act of
    1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set
    out as a note under section 1101 of this title.
      Section 307(m)(2) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 603(b)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 504(c) of Pub. L. 101-649 provided that: "The amendments
    made by this section [amending this section and section 1226 of
    this title] shall take effect on the date of the enactment of this
    Act [Nov. 29, 1990]."
      Section 545(g) of Pub. L. 101-649, as amended by Pub. L. 104-208,
    div. C, title III, Sec. 308(b)(6)(B), Sept. 30, 1996, 110 Stat.
    3009-623, provided that:
      "(1) Notice-related provisions. - 
        "(A) Subsections (a), (b), (c), and (e)(1) of section 242B of
      the Immigration and Nationality Act [former 8 U.S.C. 1252b(a),
      (b), (c) and (e)(1)] (as inserted by the amendment made by
      subsection (a)), and the amendment made by subsection (e)
      [amending this section], shall be effective on a date specified
      by the Attorney General in the certification described in
      subparagraph (B), which date may not be earlier than 6 months
      after the date of such certification.
        "(B) The Attorney General shall certify to the Congress when
      the central address file system (described in section 239(a)(4)
      [probably means 239(a)(3)] of the Immigration and Nationality
      Act) [8 U.S.C. 1229(a)(3)] has been established.
        "(C) The Comptroller General shall submit to Congress, within 3
      months after the date of the Attorney General's certification
      under subparagraph (B), a report on the adequacy of such system.
      "(2) Certain limits on discretionary relief; sanctions for
    frivolous behavior. - Subsections (d), (e)(2), and (e)(3) of
    section 242B of the Immigration and Nationality Act (as inserted by
    the amendment made by subsection (a)) shall be effective on the
    date of the enactment of this Act [Nov. 29, 1990].
      "(3) Limits on discretionary relief for failure to appear in
    asylum hearing. - Subsection (e)(4) of section 242B of the
    Immigration and Nationality Act (as inserted by the amendment made
    by subsection (a)) shall be effective on February 1, 1991.
      "(4) Consolidation of relief in judicial review. - The amendments
    made by subsection (b) [amending section 1105a of this title] shall
    apply to final orders of deportation entered on or after January 1,
    1991."
      Amendment by section 603(b)(2) of Pub. L. 101-649 not applicable
    to deportation proceedings for which notice has been provided to
    the alien before Mar. 1, 1991, see section 602(d) of Pub. L. 101-
    649, set out as a note under section 1227 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 7343(c) of Pub. L. 100-690 provided that: "The amendments
    made by subsections (a) and (b) [amending this section and section
    1254 of this title] shall apply to any alien who has been
    convicted, on or after the date of the enactment of this Act [Nov.
    18, 1988], of an aggravated felony."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
    applicable only to offenses committed after the taking effect of
    such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
    an Effective Date note under section 3551 of Title 18, Crimes and
    Criminal Procedure.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

                                REGULATIONS                            
      Section 545(d) of Pub. L. 101-649 provided that: "Within 6 months
    after the date of the enactment of this Act [Nov. 29, 1990], the
    Attorney General shall issue regulations with respect to - 
        "(1) the period of time in which motions to reopen and to
      reconsider may be offered in deportation proceedings, which
      regulations include a limitation on the number of such motions
      that may be filed and a maximum time period for the filing of
      such motions; and
        "(2) the time period for the filing of administrative appeals
      in deportation proceedings and for the filing of appellate and
      reply briefs, which regulations include a limitation on the
      number of administrative appeals that may be made, a maximum time
      period for the filing of such motions and briefs, the items to be
      included in the notice of appeal, and the consolidation of
      motions to reopen or to reconsider with the appeal of the order
      of deportation."



    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.



                             TRANSFER OF CASES                         
      Pub. L. 109-13, div. B, title I, Sec. 106(c), May 11, 2005, 119
    Stat. 311, provided that: "If an alien's case, brought under
    section 2241 of title 28, United States Code, and challenging a
    final administrative order of removal, deportation, or exclusion,
    is pending in a district court on the date of the enactment of this
    division [May 11, 2005], then the district court shall transfer the
    case (or the part of the case that challenges the order of removal,
    deportation, or exclusion) to the court of appeals for the circuit
    in which a petition for review could have been properly filed under
    section 242(b)(2) of the Immigration and Nationality Act (8 U.S.C.
    1252), as amended by this section, or under section 309(c)(4)(D) of
    the Illegal Immigration Reform and Immigrant Responsibility Act of
    1996 [Pub. L. 104-208, div. C] (8 U.S.C. 1101 note). The court of
    appeals shall treat the transferred case as if it had been filed
    pursuant to a petition for review under such section 242, except
    that subsection (b)(1) of such section shall not apply."

                          TRANSITIONAL RULE CASES                      
      Pub. L. 109-13, div. B, title I, Sec. 106(d), May 11, 2005, 119
    Stat. 311, provided that: "A petition for review filed under former
    section 106(a) of the Immigration and Nationality Act [8 U.S.C.
    1105a(a)] (as in effect before its repeal by section 306(b) of the
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996
    [Pub. L. 104-208, div. C] (8 U.S.C. 1252 note)) shall be treated as
    if it had been filed as a petition for review under section 242 of
    the Immigration and Nationality Act (8 U.S.C. 1252), as amended by
    this section. Notwithstanding any other provision of law (statutory
    or nonstatutory), including section 2241 of title 28, United States
    Code, or any other habeas corpus provision, and sections 1361 and
    1651 of such title, such petition for review shall be the sole and
    exclusive means for judicial review of an order of deportation or
    exclusion."

    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in law
    to an order of removal is deemed to include a reference to an order
    of exclusion and deportation or an order of deportation, see
    section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
    of 1996 Amendments note under section 1101 of this title.

                  AUTHORITY TO ACCEPT CERTAIN ASSISTANCE              
      Section 130008 of Pub. L. 103-322 provided that:
      "(a) In General. - Subject to subsection (b) and notwithstanding
    any other provision of law, the Attorney General, in the discretion
    of the Attorney General, may accept, hold, administer, and utilize
    gifts of property and services (which may not include cash
    assistance) from State and local governments for the purpose of
    assisting the Immigration and Naturalization Service in the
    transportation of deportable aliens who are arrested for
    misdemeanor or felony crimes under State or Federal law and who are
    either unlawfully within the United States or willing to submit to
    voluntary departure under safeguards. Any property acquired
    pursuant to this section shall be acquired in the name of the
    United States.
      "(b) Limitation. - The Attorney General shall terminate or
    rescind the exercise of the authority under subsection (a) if the
    Attorney General determines that the exercise of such authority has
    resulted in discrimination by law enforcement officials on the
    basis of race, color, or national origin."


    (footnote 1) See References in Text note below.