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S. 4983IntroducedSenate · nowHousePresidentLawIn committee
Sec. 402 · S. 4983

Deportation procedures

Title IV — Criminal aliens

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(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: (c) Deportation of A liens W ho are not P ermanent R esidents (1) Notwithstanding section 242, and subject to paragraph (5), the Attorney General may issue a final order of deportation against any alien described in paragraph (2) whom the Attorney General determines to be deportable under section 241(a)(2)(A)(iii) (relating to conviction of an aggravated felony). (2) An alien is described in this paragraph if the alien— (A) was not lawfully admitted for permanent residence at the time that proceedings under this section commenced, or (B) had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this section commenced. (3) The Attorney General may delegate the authority in this section to the Commissioner or to any District Director of the Service. (4) No alien described in this section shall be eligible for— (A) any relief from deportation that the Attorney General may grant in his discretion, or (B) relief under section 243(h). (5) The Attorney General may not execute any order described in paragraph (1) until 14 calendar days have passed from the date that such order was issued, in order that the alien has an opportunity to apply for judicial review under section 106.. (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 242(A) after aggravated felony; and (3) by adding at the end the following new subsection; (d) Notwithstanding subsection (c), a petition for review or for habeas corpus on behalf of an alien described in section 242A(c) may only challenge whether the alien is in fact as alien described in such section, and no court shall have jurisdiction to review any other issue.. (c) Technical and conforming changes Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended as follows: (1) In subsection (a)— (A) by striking (a) In General.— and inserting (b) Deportation of Permanent Resident Aliens.—(1) In General.—; and (B) by inserting in the first sentence permanent resident after correctional facilities for; (2) In subsection (b)— (A) by striking (b) Implementation.— and inserting (2) Implementation.—; and (B) by striking respect to an and inserting respect to a permanent resident; (3) By striking out subsection (c); (4) In subsection (d)— (A) by striking (d) Expedited Proceedings.—(1) and inserting (3) Expedited Proceedings.—(A); (B) by inserting permanent resident after in the case of any; and (C) by striking (2) and inserting (B); (5) 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). (6) By inserting after the section heading the following new subsection: (a) Presumption of deportability An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States.. (7) The heading of such section is amended to read as follows: Expedited deportation of aliens convicted of committing aggravated felonies. (d) Effective date 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.

Sec. 402: Deportation procedures · Public Law Tracker