Technical and conforming provisions

(a) In general The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (1) in section 101(b), by amending paragraph (4) to read as follows: (4) The term immigration judge means an immigration trial judge or an immigration appeals judge appointed to serve in the United States Immigration Courts established under title VI.; (2) in section 238— (A) in subsection (a)— (i) in paragraph (1)— (I) by striking Attorney General and inserting Immigration Courts; and (II) by striking Service and inserting Department of Homeland Security; (ii) in paragraph (2), by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; (iii) in paragraph (3)— (I) by amending subparagraph (A) to read as follows: (A) Notwithstanding any other provision of law, in the case of any alien convicted of an aggravated felony, removal proceedings, and any administrative appeals relating to such removal, shall be completed, to the extent possible, before the alien’s release from incarceration for the underlying aggravated felony.; and (II) in subparagraph (B), by striking Attorney General and inserting Secretary of Homeland Security; and (iv) in paragraph (4)(A), by striking Attorney General each place such term appears and inserting administrative council of the Immigration Courts; (B) in subsection (b)— (i) in paragraph (1), by striking Attorney General and inserting immigration judge; and (ii) in paragraph (3)— (I) by striking Attorney General and inserting Secretary of Homeland Security; and (II) by striking apply for and inserting seek; (iii) by amending paragraph (4) to read as follows: (4) In any proceeding under this subsection— (A) the alien shall— (i) be given reasonable notice of the charges and of the opportunity described in subparagraph (C); (ii) have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the alien shall choose; and (iii) have a reasonable opportunity to inspect the evidence and rebut the charges; and (B) the immigration judge shall ensure that— (i) a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice; and (ii) a record is maintained for judicial review.; (iv) in paragraph (5)— (I) by striking Attorney General may and inserting immigration judge may; and (II) by striking Attorney General’s and inserting immigration judge’s; (C) by redesignating the second subsection (c) (as previously redesignated by section 671(b)(13) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208)) as subsection (d); and (D) in subsection (d), as redesignated— (i) by striking Commissioner each place such term appears and inserting Secretary of Homeland Security; (ii) in paragraph (2)(A), by striking Service and inserting Secretary of Homeland Security; and (iii) in paragraphs (2)(D)(iv) and (4), by striking Attorney General and inserting Secretary of Homeland Security; (3) in section 239— (A) in subsection (a), by striking Attorney General each place such term appears and inserting Immigration Courts; (B) in subsection (b)— (i) in paragraph (2), by striking Attorney General and inserting Immigration Courts; and (ii) in paragraph (3), by striking Attorney General and inserting immigration judge; and (C) in subsection (d)(1), by striking Attorney General and inserting immigration judge; (4) in section 240— (A) in subsection (b)— (i) by striking paragraphs (1) and (6); (ii) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; (iii) by redesignating paragraph (7) as paragraph (5); (iv) by amending paragraph (1), as redesignated, to read as follows: (1) Form of proceeding The proceeding may take place— (A) in person; or (B) through video conference, subject to rules promulgated pursuant to section 622(a)(5).; (v) in paragraph (2), as redesignated, by striking Attorney General and inserting immigration judge; (vi) in paragraph (3), as redesignated— (I) in the matter preceding subparagraph (A), by striking, under regulations of the Attorney General; and (II) in subparagraph (A), by striking, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceedings and inserting in accordance with section 623(a); and (vii) in paragraph (4)(A), as redesignated— (I) by striking Service and inserting Government; and (II) by amending the last sentence to read as follows: Written notice shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under section 239(a)(1)(F).; (B) in subsection (c)— (i) in paragraph (2), in the matter following subparagraph (B), by striking Attorney General and inserting Secretary of Homeland Security; (ii) in paragraph (3)— (I) by striking service in the paragraph heading and inserting government; and (II) by striking Service each place such term appears and inserting Government; and (iii) in paragraph (7)(C)(iv)— (I) in subclause (II)— (aa) by striking Attorney General and inserting immigration judge; and (bb) by striking Immigration and Naturalization Service and inserting Secretary of Homeland Security; and (II) in subclause (III)— (aa) by striking Attorney General may and inserting immigration judge may; and (bb) by striking Attorney General’s and inserting immigration judge’s; and (C) in subsection (d), by amending the first sentence to read as follows: An immigration judge may enter an order of removal stipulated to by the alien (or the alien’s representative) and the Government.; (5) in section 242— (A) in subsection (a)— (i) in paragraph (2)— (I) in subparagraph (A), by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and (II) in subparagraph (B)(ii), by striking Attorney General each place such term appears and inserting the appellate division of the Immigration Courts; and (ii) by adding at the end the following: (6) Venue For purposes of judicial review under this section and section 625(d), the venue of a proceeding before the court of appeals is in the judicial circuit in which— (A) an immigration trial judge of the Immigration Court issued the original underlying decision in the matter; or (B) the underlying administrative action reviewed by the appellate division of the Court occurred.; (B) in subsection (b)— (i) in paragraph (2), by inserting trial after immigration; (ii) in paragraph (3)(A)— (I) by striking Attorney General in the first sentence and inserting United States; and (II) by amending the second sentence to read as follows: The petition shall be served on the Attorney General and on the officer or employee of the Department of Homeland Security in charge of the district in which the final order of removal under section 240 was entered.; (iii) in paragraph (4)(D), by striking Attorney General’s and inserting immigration judge’s; and (iv) in paragraph (8), by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; (C) in subsection (e)— (i) in paragraph (2)(C), by striking as prescribed by the Attorney General; and (ii) in paragraph (3)(A)(ii), by striking Attorney General and inserting Secretary of Homeland Security; and (D) in subsection (g), by striking Attorney General and inserting Secretary of Homeland Security; and (6) in section 246(a)— (A) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and (B) by striking the second sentence and inserting the following: Upon request of the individual whose status has been rescinded, the Secretary of Homeland Security shall refer such rescission to the United States Immigration Courts for review in accordance with section 604(b)(1)(B).. (b) Construction of existing references To the extent consistent with this subtitle, each reference in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), or in any rule prescribed under such Act— (1) to the Board of Immigration Appeals or an immigration judge, or any administrative appeal, hearing, review, or other proceeding before such Board or judge, shall be deemed to refer, as appropriate, to the United States Immigration Courts established under title VI of the Immigration and Nationality Act, as added by section 492, to the appropriate division of the Immigration Courts, or to the corresponding proceedings under this subtitle before the Immigration Courts; and (2) to the authority of the Attorney General to prescribe rules with respect to the Executive Office for Immigration Review, the Board of Immigration Appeals, immigration judges, or administrative appeals, hearings, reviews, or other proceedings conducted under the Immigration and Nationality Act, by such Office, Board, or judges, shall be deemed to confer rulemaking authority on the appellate division of the United States Immigration Courts. (c) Financial disclosure reporting Section 13101 of title 5, United States Code, is amended— (1) in paragraph (9), by inserting of the United States Immigration Courts, after Court of Appeals for Veterans Claims,; and (2) in paragraph (10), by inserting United States Immigration Courts, after Court of Appeals for Veterans Claims,.