[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4258 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4258

           To establish the United States Immigration Court.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 1996

 Mr. McCollum introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
           To establish the United States Immigration Court.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; 
              TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States 
Immigration Court Act of 1996''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided, whenever in this Act an amendment or 
repeal is expressed as the amendment or repeal of a section or other 
provision, the reference shall be considered to be made to that section 
or provision in the Immigration and Nationality Act.
    (c) Table of Contents.--

Sec. 1. Short title; amendments to Immigration and Nationality Act; 
                            table of contents.
Sec. 2. Establishment of United States Immigration Court.
Sec. 3. Judicial review of Immigration Court decisions.
Sec. 4. Reform of asylum.
Sec. 5. Conforming amendments.
Sec. 6. Effective date; severability.

SEC. 2. ESTABLISHMENT OF UNITED STATES IMMIGRATION COURT.

    (a) New Chapter 2.--Title I is amended--
            (1) by inserting the following after the title heading:

                 ``Chapter 1--Definitions and Powers'' and

            (2) by adding at the end the following new chapter:

              ``Chapter 2--United States Immigration Court

                    ``establishment of immigration court

    ``Sec. 111. Article I United States Immigration Court.--(a) There 
is established, under article I of the Constitution of the United 
States, a court of record to be known as the United States Immigration 
Court.
    ``(b) The Immigration Court shall consist of a trial division and 
an appellate division.

                          ``appellate division

    ``Sec. 112. (a) Appointment of Appeals Judges.--The appellate 
division of the Immigration Court shall be composed of a chief 
immigration appeals judge and five other immigration appeals judges, 
appointed by the President by and with the advice and consent of the 
Senate.
    ``(b) Term of Office.--The term of office of each immigration 
appeals judge shall be fifteen years, except that--
            ``(1) of the judges first appointed under this subsection, 
        two shall each be appointed for terms of five, ten, and fifteen 
        years,
            ``(2) a judge appointed to fill a vacancy occurring before 
        the expiration of the term for which a predecessor was 
        appointed shall be appointed only for the remainder of such 
        term, and
            ``(3) a judge may serve after the expiration of the judge's 
        term until reappointed or a successor has taken office.
    ``(c) Compensation.--Each judge of the appellate division shall 
receive a salary at the rate equal to 93 percent of the next to the 
highest rate of basic pay for the Senior Executive Service, except that 
the chief immigration appeals judge shall receive a salary at the rate 
equal to 94 percent of the next to the highest rate of basic pay for 
the Senior Executive Service.
    ``(d) Chief Immigration Appeals Judge.--The chief immigration 
appeals judge shall be responsible on behalf of the appellate division 
for the administrative operations of the Immigration Court and shall 
have the power to appoint such administrative assistants, attorneys, 
clerks, and other personnel as may be needed for that purpose.
    ``(e) Quorum.--Three immigration appeals judges constitute a quorum 
of the appellate division, except that the chief immigration appeals 
judge (or any immigration appeals judge designated by the chief judge) 
is empowered to decide nondispositive motions.
    ``(f) Acting in Panels.--The appellate division shall act in panels 
of three or more judges or in banc (as designated by the chief 
immigration appeals judge in accordance with the rules of the appellate 
division). A final decision of such a panel shall be considered to be a 
final decision of the appellate division.
    ``(g) Removal of Judges for Cause.--(1) Removal of an immigration 
appeals judge of the Immigration Court during the term for which the 
judge is appointed shall be only for incompetency, misconduct, neglect 
of duty, engaging in the practice of law, or physical or mental 
disability. Removal shall be by the United States Court of Appeals for 
the Federal Circuit, but removal may not occur unless a majority of all 
judges of such court of appeals concur in the order of removal.
    ``(2) Before any order of removal may be entered, a full 
specification of the charges shall be furnished to the immigration 
appeals judge involved, and such judge shall be accorded an opportunity 
to be heard on the charges.
    ``(3) Any cause for removal of any immigration appeals judge coming 
to the knowledge of the Director of the Administrative Office of the 
United States Courts or to the Attorney General of the United States 
shall be reported by the Director or the Attorney General to the Chief 
Judge of the United States Court of Appeals for the Federal Circuit, 
and a copy of the report shall at the same time be transmitted to the 
immigration appeals judge.
    ``(4) An immigration appeals judge removed from office in 
accordance with this subsection shall not be permitted at any time to 
practice before the Immigration Court.
    ``(h) Expenses for Travel and Subsistence.--Immigration appeals 
judges shall receive necessary traveling expenses and expenses actually 
incurred for subsistence while traveling on duty and away from their 
designated stations, subject to the same limitations in amount as are 
new or may hereafter be applicable to the United States Court of 
International Trade.
    ``(i) Office of Court.--The principal office of the appellate 
division of the Immigration Court shall be in, or within twenty miles 
of, the District of Columbia, but the Immigration Court may hold court 
at such times and in such places as it may provide by rule of court.

                            ``trial division

    ``Sec. 113. (a) Appointment of Trial Judges.--
            ``(1) The trial division of the Immigration Court shall be 
        composed of a chief immigration trial judge and other 
        immigration trial judges, appointed by the Chief Immigration 
        Appeals Judge.
            ``(2) Every immigration judge who is serving as an 
        immigration judge as of the time of enactment of paragraph (1) 
        and who is qualified under this Act to serve as an immigration 
        trial judge shall be appointed by the Chief Immigration Appeals 
        Judge to serve as an immigration trial judge pursuant to 
        paragraph (1).
    ``(b) Term of Office.--The term of office of each immigration trial 
judge shall be fifteen years, except that--
            ``(1) a judge appointed to fill a vacancy occurring before 
        the expiration of the term for which a predecessor was 
        appointed shall be appointed only for the remainder of such 
        term, and
            ``(2) a judge may serve after the expiration of such 
        judge's term until reappointed or a successor has taken office.
    ``(c) Compensation.--
            ``(1) In general.--There shall be four levels of pay for 
        immigration trial judges, under the Immigration Judge Schedule, 
        (designated as IJ-1, 2, 3, and 4, respectively), and each such 
        judge shall be paid at one of those levels, in accordance with 
        the provisions of this subsection.
            ``(2) Rates of pay.--(A) The rates of basic pay for the 
        levels established under paragraph (1) shall be as follows:

    ``IJ-1.........................
                                        70 percent of the next to 
                                                highest rate of basic 
                                                pay for the Senior 
                                                Executive Service
    ``IJ-2.........................
                                        80 percent of the next to 
                                                highest rate of basic 
                                                pay for the Senior 
                                                Executive Service
    ``IJ-3.........................
                                        90 percent of the next to 
                                                highest rate of basic 
                                                pay for the Senior 
                                                Executive Service
    ``IJ-4.........................
                                        92 percent of the next to 
                                                highest rate of basic 
                                                pay for the Senior 
                                                Executive Service.
            ``(B) Locality pay, where applicable, shall be calculated 
        into the basic pay for immigration trial judges.
            ``(3) Appointment.--(A) Upon appointment, an immigration 
        trial judge shall be paid at IJ-1, and shall be advanced to IJ-
        2 upon completion of 104 weeks of service, to IJ-3 upon 
        completion of 104 weeks of service in the next lower rate, and 
        to IJ-4 upon completion of 52 weeks of service in the next 
        lower rate.
            ``(B) Notwithstanding subparagraph (A), the chief 
        immigration appeals judge may provide for a newly- appointed 
        immigration trial judge to be paid at an advanced rate under 
        such circumstances as the chief immigration appeals judge may 
        determine appropriate.
            ``(4) Transition.--Immigration trial judges serving as 
        immigration judges as of the effective date of this Act shall 
        be paid at the rate that corresponds to the amount of time, as 
        provided under paragraph (3)(A), that they have served as an 
        immigration judge, and in no case shall such an immigration 
        trial judge be paid less than such judge was paid prior to the 
        effective date.
    ``(d) Chief Immigration Trial Judge.--In accordance with rules 
established by the appellate division of the Immigration Court, the 
chief immigration trial judge--
            ``(1) shall have responsibility for the administrative 
        activities affecting immigration trial judges and shall have 
        the power to appoint such administrative assistants, attorneys, 
        clerks, and other personnel as may be needed for the purpose, 
        and
            ``(2) may designate any immigration trial judge in active 
        service to hear and decide any cases described in section 114.
    ``(e) Removal for Cause.--Immigration trial judges may be removed 
from office in the same manner as immigration appeals judges may be 
removed under section 112(g), except that any reference in that section 
to the United States Court of Appeals for the Federal Circuit shall be 
deemed a reference to the appellate division of the Immigration Court.
    ``(f) Authority of Judges.--Immigration trial judges shall 
administer oaths, receive evidence, and interrogate, examine, and 
cross-examine the alien and any witnesses. Immigration trial judges may 
take depositions, issue subpoenas requiring the attendance and 
testimony of witnesses and the production of documentation or other 
evidence from any place in the United States or any territory or 
possession thereof, order the taking of depositions, and order 
responses to written interrogatories.
    ``(g) Witness Fees.--Witnesses (whether appearing voluntarily or 
under subpoena) shall be paid the same fee and mileage allowance as are 
paid subpoenaed witnesses in any other court in the United States.
    ``(h) Expenses for Travel and Subsistence.--Immigration trial 
judges shall receive necessary traveling expenses, and expenses 
actually incurred for subsistence while traveling on duty and away from 
their designated stations, subject to the same limitations in amount as 
are now or may hereafter be applicable to the United States Court of 
International Trade.

                             ``jurisdiction

    ``Sec. 114. (a) The Appellate Division.--
            ``(1) In general.--The appellate division of the 
        Immigration Court shall hear and determine appeals from--
                    ``(A) final decisions of immigration trial judges 
                under this Act, other than a determination granting 
                voluntary departure under section 244(e) within a 
                period of at least 30 days if the sole ground of appeal 
                is that a greater period of departure time should have 
                been fixed;
                    ``(B) decisions involving the imposition of 
                administrative fines and penalties under title II of 
                this Act, including mitigation thereof; and
                    ``(C)(i) decisions on petitions filed in accordance 
                with section 204, other than petitions to accord 
                preference status under section 203(b) or petitions on 
                behalf of a child described in section 101(b)(1)(F), 
                and
                    ``(ii) decisions on requests for revalidations and 
                decisions revoking approval of such petitions under 
                section 205.
            ``(2) Review of decisions.--(A) Either party to a case may 
        appeal an immigration trial judge's decision to the appellate 
        division.
            ``(B) Appeals to the appellate division from final orders 
        of deportation or exclusion (including an order respecting 
        asylum contained in such an order) shall be filed not later 
        than 20 days after the date of the final order.
            ``(C) The appellate division shall review the decision of 
        an immigration trial judge based solely upon the trial record 
        upon which the decision is made, and the findings of fact in 
        the judge's order, if supported by reasonable, substantial, and 
        probative evidence on the record considered as a whole, shall 
        be conclusive.
            ``(3) binding decisions.--A final decision of the appellate 
        division shall be binding on all immigration trial judges, 
        immigration officers, and consular officers under this Act 
        unless and until otherwise modified or reversed by the Court of 
        Appeals for the Federal Circuit or by the United States Supreme 
        Court.
            ``(4) Decisions within 60 days.--In a case in which the 
        appellate division is considering an appeal of a decision of an 
        immigration trial judge respecting an application for asylum, 
        the division shall render its decision on the appeal not later 
        than 60 days after the date the appeal is filed.
    ``(b) Jurisdiction of Trial Division.--
            (1) In general.--Immigration trial judges shall hear and 
        decide--
                    ``(A) exclusion cases under section 236 and 360(c) 
                and discretionary relief under section 212(c),
                    ``(B) deportation cases and discretionary relief 
                cases under sections 212(c), 242, 242A, 243, and 244,
                    ``(C) rescission of adjustment of status cases 
                under section 246,
                    ``(D) claims for asylum raised in proceedings 
                before the judges and in applications referred to the 
                Immigration Court for adjudication,
                    ``(E) contested assessments of civil penalties 
                under section 274A,
                    ``(F) contested determinations relating to bond, 
                parole, or detention of an alien, and
                    ``(G) such other cases arising under this Act as 
                the appellate division may provide by regulation.
            ``(2) Duties of trial judges.--In considering and deciding 
        cases coming before them, immigration trial judges shall record 
        and receive evidence and render findings of fact and 
        conclusions of law, shall determine all applications for 
        discretionary relief which may properly be raised in the 
        proceedings, and shall exercise such discretion conferred upon 
        the Attorney General by law as may be necessary for the just 
        and equitable disposition of cases coming before such judges.

                            ``rules of court

    ``Sec. 115. (a) Rules of Practice and Procedure.--The appellate 
division shall promulgate rules of court, consistent with this Act, 
governing practice and procedure in the appellate division and the 
trial division. Only such selected provisions of the Federal Rules of 
Evidence and the Federal Rules of Civil Procedure as the appellate 
division deems appropriate for inclusion in the rules of the 
Immigration Court shall apply to proceedings in the Immigration Court.
    ``(b) Representation.--(1) In any proceeding before the Immigration 
Court, each nongovernmental party shall have the privilege of being 
represented (at no expense to the Government) by such counsel, 
authorized to practice in such proceedings, as the party shall choose.
    ``(2) The rules of the Immigration Court shall provide for the 
admission of qualified attorneys and nonattorneys to practice before 
the court.
    ``(c) Contempt of Court.--Each division of the Immigration Court 
shall have the power to punish by fine or imprisonment, at its 
discretion, such contempt of its authority, and none other, as--
            ``(1) misbehavior of any person in its presence or so near 
        thereto as to obstruct the administration of justice,
            ``(2) misbehavior of any of its officers in their official 
        transactions, or
            (3) disobedience or resistance to its lawful writ, process, 
        order, rule, decree, or command.
Each such division shall have such assistance in the carrying out of 
its lawful writ, process, order, rule, decree, or command as is 
available to a court of the United States.
    ``(d) Fees.--The Immigration Court may impose fees for the 
adjudication of asylum applications and for judicial review and such 
other fees as it may provide for under its rules and procedures.

                   ``retirement of judges; senior judges

    ``Sec. 116. (a) Retirement of Judges.--(1) a judge of the 
Immigration Court who attains the age of 70 shall be retired upon 
attaining such age.
    ``(2) A judge of the Immigration Court who has attained the age of 
sixty-five may retire at any time after serving as a judge for fifteen 
years or more.
    ``(3) A judge of the Immigration Court who is not reappointed 
following the expiration of such judge's term of office may retire upon 
the completion of such term if--
            ``(A) the judge has served as a judge of the Immigration 
        Court for fifteen years or more; and
            ``(B) not earlier than nine months preceding the date of 
        the expiration of such term of office and not later than six 
        months preceding such date, the judge advised the President, in 
        the case of an immigration appeals judge, or the Chief 
        Immigration Appeals Judge, in the case of an immigration trial 
        judge, that the judge was willing to accept reappointment to 
        the court.
    ``(4)(A) A judge of the Immigration Court who becomes permanently 
disabled from performing judicial duties under this chapter shall be 
retired.
    ``(B) A judge of the Immigration Court who becomes permanently 
disabled from performing judicial duties under this chapter shall 
certify to the President, or in the case of an immigration trial judge 
to the Chief Immigration Appeals Judge, such disability in writing, and 
such certificate of disability shall be signed by the chief judge of 
the division. If the Chief Immigration Appeals Judge retires for 
disability, such retirement shall not take effect until concurred in by 
the President.
    ``(5) The provisions of subsection (d) (relating to computation and 
payment of retired pay), subsection (e) (relating to election to 
receive retired pay), subsection (g) (relating to coordination with 
civil service retirement), and subsection (i) (relating to revocation 
of an election to receive retired pay) of section 7447 of the Internal 
Revenue Code of 1954 shall apply to judges within a division of the 
Immigration Court in the same manner as such provisions apply to judges 
of the United States Tax Court.
    ``(6) A person who has elected to receive retired pay under the 
application of section 7447(e) of the Internal Revenue Code of 1954 to 
judges of the Immigration Court in accordance with paragraph (5) who 
thereafter--
            ``(A) accepts any civil office or employment under the 
        Government of the United States (other than the performance of 
        judicial duties pursuant to subsection (c)); or
            ``(B) provides legal services to a client in a case arising 
        under this chapter;
shall forfeit all rights to retired pay under the application of such 
section of the Internal Revenue Code of 1954 for periods during which 
such person accepts such office or employment or provides such legal 
services.
    ``(7) In any determination of the length of service of any person 
as a judge of the Immigration Court there shall be included all periods 
of service (whether or not consecutive) during which the person served 
as a judge of the Immigration Court under this chapter.
    ``(b)(1) Judges of the Immigration court may provide annuities to 
their surviving spouses and dependent children in the same manner and 
subject to the same terms and conditions as judges of the United States 
Tax Court provide annuities to their surviving spouse and dependent 
children under section 7448 of the Internal Revenue Code of 1986.
    ``(2) Amounts deducted and withheld from the salaries of judges of 
the Immigration Court in the application of section 7448(c) of the 
Internal Revenue Code of 1954 to such judges in accordance with 
paragraph (1) shall be deposited in the Treasury to the credit of a 
fund to be known as the `Immigration Court judges survivors annuity 
fund'.
    ``(c) Senior Judges.--(1) Any immigration appeals or trial judge of 
the Immigration Court who has retired from regular active service under 
subchapter III of chapter 83 of title 5, United States Code, shall be 
known and designated as a senior immigration appeals or trial judge and 
may perform duties as an immigration appeals or trial judge when 
recalled pursuant to paragraph (2).
    ``(2) The chief immigration appeals judge may recall any senior 
immigration appeals or trial judge, with such judge's consent, to 
perform such duties as an immigration appeals or trial judge and for 
such period of time as such chief judge may specify.
    ``(3) Any senior immigration appeals judge performing duties 
pursuant to this section shall not be counted as an immigration appeals 
judge for purposes of the number of judgeships authorized by subsection 
(a).
    ``(4) Any senior immigration appeals or trial judge, while 
performing duties pursuant to this section, shall be paid the same 
allowances for travel and other expenses as an immigration appeals or 
trial judge in active service. Such senior immigration appeals or trial 
judge shall also receive from the Immigration Court supplemental pay in 
an amount sufficient, when added to his civil service retirement 
annuity, to equal the salary of an immigration appeals or trial judge 
in active service for the same period or periods of time. Such 
supplemental pay shall be paid in the same manner as the salary of an 
immigration appeals or trial judge.''.
    (b) Conforming Amendments to the Table of Contents.--The table of 
contents is amended--
    (1) by inserting before the item relating to section 101 the 
following:
                 ``chapter 1--definitions and powers'',
        and
            (2) by inserting after the item relating to section 106 the 
        following:
              ``chapter 2--united states immigration court
``Sec. 111. Establishment of Immigration Court.
``Sec. 112. Appellate division.
``Sec. 113. Trial division.
``Sec. 114. Jurisdiction.
``Sec. 115. Rules of Court.
``Sec. 116. Retirement of Judges; Senior Judges.''.
    (c) Effective Dates and Transition.--
            (1) In general.--(A) Except as otherwise provided in this 
        subsection, the amendments made by this section take effect on 
        the date of enactment of this Act.
            (B) Section 113(c) of chapter 2 as added by this section 
        shall take effect 90 days after the date of enactment of this 
        Act.
            (2) Timetable for establishment of court.--(A) The 
        President shall nominate the chief immigration appeals judge 
        and other immigration appeals judges of the appellate division 
        of the United States Immigration Court (hereinafter in this 
        subsection referred to as the ``Court'') not later than 14 days 
        after the date of the enactment of this Act.
            (B) The chief immigration appeals judge, in consultation 
        with the Attorney General, shall designate a date, not later 
        than 30 days after the chief immigration appeals judge and a 
        majority of the immigration appeals judges are appointed, on 
        which the appellate division shall assume the present functions 
        of the Board of Immigration Appeals (under existing rules and 
        regulations).
            (C) Promptly after the chief immigration appeals judge is 
        appointed, such chief judge shall appoint immigration trial 
        judges pursuant to section 113(a)(2).
        (D) The appellate division of the Court shall provide promptly 
        for establishment of interim final rules of practice and 
        procedure which will apply to the Court and immigration trial 
        judges under the immigration and Nationality Act after the 
        transition date designated under paragraph (3).
            (3) Hearing transition date.--(A) In order to provide for 
        the orderly transfer of proceedings from the existing system to 
        the Court, the chief immigration appeals judge, in consultation 
        with the Attorney General, shall designate a transition date, 
        to be not later than 45 days after the date interim final rules 
        of practice and procedure are established under paragraph 
        (2)(C).
            (B) During the period before the transition date, any 
        proceeding or hearing under the Immigration and Nationality Act 
        which may be conducted by a special inquiry officer or 
        immigration judge may be conducted by an individual appointed 
        as an immigration trial judge in accordance with all the rules 
        and procedures otherwise applicable to the conduct of such 
        proceeding or hearing.
            (4) Continuation of authority.--Individuals acting as 
        special inquiry officers or immigration judges on the date of 
        enactment of this Act and on the transition date may (without 
        regard to other provisions of law) continue to conduct 
        proceedings or hearings under the Immigration and Nationality 
        Act after such transition date during the period ending two 
        years after the date of the enactment of this Act.
            (5) Continuation of rights.--(A) The enactment of this Act 
        shall not result in any loss of rights or powers, interruption 
        of jurisdiction, or prejudice to matters pending in the Board 
        of Immigration Appeals or before special inquiry officers or 
        immigration judges on the day before this Act takes effect.
            (B) Under rules established by the appellate division of 
        the United States Immigration Court, with respect to 
        deportation and exclusion cases and asylum applications pending 
        as of the transition date, the appellate division shall be 
        deemed to be a continuation of the Board of Immigration Appeals 
        and immigration trial judges shall be deemed a continuation of 
        special inquiry officers or immigration judges for the purposes 
        of effectuating the continuation of all existing powers, 
        rights, and jurisdiction.

SEC. 3. JUDICIAL REVIEW OF IMMIGRATION COURT DECISIONS.

    (a) In General.--Section 106(a) is amended--
            (1) by striking ``the judicial review'' and inserting ``the 
        review'',
            (2) by striking ``to administrative proceedings'' and 
        inserting ``to proceedings'',
            (3) in paragraph (1), by striking ``90 days'' and inserting 
        ``30 days'' and by striking ``,or, in the case'' and all that 
        follows through ``of such order'',
            (4) by amending paragraph (2) to read as follows:
            ``(2) a petition for review shall be filed with the Court 
        of Appeals for the Federal Circuit;'' and
            (5) by amending paragraph (4) to read as follows:
            ``(4) except as provided in paragraph (5)(B)--
                    ``(A) the Court of Appeals shall decide the 
                petition only on the record of the Immigration Court on 
                which the order of deportation is based,
                    ``(B) the Immigration Court's findings of fact are 
                conclusive if supported by reasonable, substantial, and 
                probative evidence on the record considered as a whole, 
                and
                    ``(C) a decision that an alien is not eligible for 
                admission to the United States is conclusive unless 
                manifestly contrary to law.''.
    (b) Asylum.--Section 106 is amended by adding at the end the 
following new subsections:
    ``(f) Judicial Review of Orders Under Section 208.--To the extent 
that an order relates to a determination on an application for asylum, 
the Court of Appeals shall only have jurisdiction to review (1) whether 
the jurisdiction of the Immigration Court was properly exercised, (2) 
whether the asylum determination was made in accordance with applicable 
laws and regulations, (3) the constitutionality of the laws and 
regulations pursuant to which the determination was made, and (4) 
whether the decision was arbitrary or capricious.
    ``(g)(1)(A) No court shall have jurisdiction to entertain a 
petition relating to a determination concerning asylum under section 
208 except the United States Court of Appeals for the Federal Circuit.
    ``(B) No application for habeas corpus shall be entertained and no 
extraordinary writ shall be directed to any government official or 
employee and no injunctive or declaratory relief shall be granted with 
respect to an immigration matter (as defined in subparagraph (E)), 
other than by the Immigration Court, the United States Court of Appeals 
for the Federal Circuit, or the Supreme Court.
    ``(C) The Court of Appeals for the Federal Circuit shall have 
exclusive jurisdiction to review all Constitutional issues (including 
habeas corpus and writs for other extraordinary relief) with respect to 
immigration matters by writ of certiorari filed no later than 30 days 
from the date of the final order of the appellate division of the 
Immigration Court relating to that matter.
    ``(D) In the case of a writ of certiorari filed under this section 
which the Court finds that a question of fact is presented--
            ``(i) if a determination with respect to that fact was 
        previously made by the Attorney General or the Immigration 
        Court, such determination shall be conclusive if supported in 
        the record by reasonable, substantial, and probative evidence 
        on the record considered as a whole, and
            ``(ii) if no such determination was made, the Court may 
        provide, in accordance with rules established by the Court in 
        cooperation with the Immigration Court, for a hearing before an 
        immigration trial judge to make the appropriate findings of 
        fact.
    ``(E) As used in this paragraph, the term `immigration matter' 
means a determination under this Act respecting deportation, exclusion, 
or asylum (or the custody or detention of an alien associated 
therewith) or any matter reviewable by the appellate division of the 
Immigration Court under section 114.
    ``(2) Notwithstanding any other provision of law, no court of the 
United States shall have jurisdiction to review determinations of 
immigration trial judges or of the appellate division of the 
Immigration Court respecting the reopening or reconsideration of 
deportation or exclusion proceedings or asylum determinations outside 
of such proceedings, the reopening of an application for asylum because 
of changed circumstances, or the Attorney General's denial of a stay of 
execution of a deportation order.''.
    (c) Expanding Jurisdiction of the United States Court of Appeals 
for the Federal Circuit.--(1) Section 1295(a) of title 28, United 
States Code is amended--
            (A) by striking out ``and'' at the end of paragraph (9),
            (B) by striking out the period at the end of paragraph (1) 
        and inserting in lieu thereof ``; and'', and
            (C) by adding at the end the following new paragraph:
            ``(11) by writ of certiorari of an appeal under section 106 
        of the Immigration and Nationality Act and to entertain and 
        grant applications for writs of habeas corpus and petitions for 
        relief respecting immigration matters pursuant to such 
        section.''.
    (2) Section 2241(a) of such title is amended by striking out 
``Writs'' and inserting in lieu thereof ``Except as provided in section 
1295(a)(11) of this title, writs''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the hearing transition date designated pursuant to section 
2(c)(3) of this Act.

SEC. 4. REFORM OF ASYLUM.

    (a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended to read 
as follows:

                                ``asylum

    Sec. 208. (a) Authority To Apply for Asylum.--
            ``(1) In general.--Any alien who is physically present in 
        the United States or who arrives in the United States (whether 
        or not at a designated port of entry and including an alien who 
        is brought to the United States after having been interdicted 
        in international or United States water), irrespective of such 
        alien's status, may apply for asylum in accordance with this 
        section or, where applicable, section 235(b).
            ``(2) Exceptions.--
                    ``(A) Safe third country.--Paragraph (1) shall not 
                apply to an alien if the Attorney General determines 
                that the alien may be removed, including pursuant to a 
                bilateral or multilateral agreement, to a country 
                (other than the country of the alien's nationality or, 
                in the case of an alien having no nationality, the 
                country of the alien's last habitual residence) in 
                which the alien's life or freedom would not be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion, and where the alien would have access to a 
                full and fair procedure for determining a claim to 
                asylum or equivalent temporary protection, unless the 
                Attorney General finds that it is in the public 
                interest for the alien to receive asylum in the United 
                States.
                    ``(B) Time limit.--Subject to subparagraph (D), 
                paragraph (1) shall not apply to an alien unless the 
                alien demonstrates by clear and convincing evidence 
                that the application has been filed within 180 days 
                after the date of the alien's arrival in the United 
                States.
                    ``(C) Previous asylum applications.--Subject to 
                subparagraph (D), paragraph (1) shall not apply to an 
                alien if the alien previously has applied for asylum 
                and had such application denied.
                    ``(D) Changed or exceptional circumstances.--An 
                application for asylum of an alien may be considered, 
                notwithstanding subparagraphs (B) and (C), if the alien 
                demonstrates to the satisfaction of the Attorney 
                General either the existence of fundamentally changed 
                circumstances that materially affect the applicant's 
                eligibility for asylum or extraordinary circumstances 
                relating to the delay in filing an application within 
                the period specified in subparagraph (B).
            ``(3) Limitation on judicial review.--A determination of 
        the Attorney General under paragraph (2) is subject to review 
        by the Immigration Court. A final decision by the Immigration 
        Court regarding such a determination is not subject to further 
        judicial review.
    ``(b) Conditions for Granting Asylum.--
            ``(1) In general.--The Attorney General may grant asylum to 
        an alien who has applied for asylum in accordance with the 
        requirements and procedures established under this section whom 
        the Immigration Court or an asylum officer determines is a 
        refugee within the meaning of section 101(a)(42)(A).
            ``(2) Exceptions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                an alien if the Immigration Court finds that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(ii) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime, constitutes a danger to the community of 
                        the United States;
                            ``(iii) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(iv) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States;
                            ``(v) the alien is excludable under 
                        subclause (I), (II), (III), or (IV) of section 
                        212(a)(3)(B)(i) or deportable under section 
                        241(a)(4)(B) (relating to terrorist activity), 
                        unless, in the case only of an alien excludable 
                        under subclause (IV) of section 
                        212(a)(3)(B)(i), the Attorney General 
                        determines, in the Attorney General's 
                        discretion, that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States; or
                            ``(vi) the alien was firmly resettled in 
                        another country prior to arriving in the United 
                        States.
                    ``(B) Special rules.--
                            ``(i) Conviction of aggravated felony.--For 
                        purposes of clause (ii) of subparagraph (A), an 
                        alien who has been convicted of an aggravated 
                        felony shall be considered to have been 
                        convicted of a particularly serious crime.
                            ``(ii) Offenses.--The Attorney General may 
                        designate by regulation offenses that will be 
                        considered to be a crime described in clause 
                        (ii) or (iii) of subparagraph (A).
                    ``(C) Additional limitations.--The Attorney General 
                may by regulation establish additional limitations and 
                conditions, consistent with this section, under which 
                an alien shall be ineligible for asylum under paragraph 
                (1).
                    ``(D) Judicial review.--There shall be no judicial 
                review of a determination of the Attorney General under 
                subparagraph (A)(v).
            ``(3) Treatment of spouse and children.--A spouse or child 
        (as defined in subparagraphs (A), (B), (C), (D), or (E) of 
        section 101(b)(1)) of an alien who is granted asylum under this 
        subsection may, if not otherwise eligible for asylum under this 
        section, be granted the same status as the alien if 
        accompanying, or following to join, such alien.
    ``(c) Asylum Status.--
            ``(1) In general.--In the case of an alien granted asylum 
        under subsection (b), the Attorney General--
                    ``(A) shall not remove or return the alien to the 
                alien's country of nationality or, in the case of a 
                person having no nationality, the country of the 
                alien's last habitual residence;
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with appropriate endorsement of that authorization; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General.
            ``(2) Termination of asylum.--Asylum granted under 
        subsection (b) does not convey a right to remain permanently in 
        the United States, and may be terminated if the Attorney 
        General asserts and the Immigration Court finds that--
                    ``(A) the alien no longer meets the conditions 
                described in subsection (b)(1) owing to a fundamental 
                change in circumstances;
                    ``(B) the alien meets a condition described in 
                subsection (b)(2);
                    ``(C) the alien may be deported, including pursuant 
                to a bilateral or multilateral agreement, to a country 
                (other than the country of the alien's nationality or, 
                in the case of an alien having no nationality, the 
                country of the alien's last habitual residence) in 
                which the alien's life or freedom would not be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion, and where the alien is eligible to receive 
                asylum or equivalent temporary protection;
                    ``(D) the alien has voluntarily availed himself or 
                herself of the protection of the alien's country of 
                nationality or, in the case of an alien having no 
                nationality, the alien's country of last habitual 
                residence, by returning to such country with permanent 
                resident status or the reasonable possibility of 
                obtaining such status with the same rights and 
                obligations pertaining to other permanent residents of 
                that country; or
                    ``(E) the alien has acquired a new nationality and 
                enjoys the protection of the country of his or her new 
                nationality.
            ``(3) Removal when asylum is terminated.--An alien 
        described in paragraph (2) is subject to any applicable grounds 
        of exclusion or deportability under section 212(a) and 241(a), 
        and the alien's deportation or return shall be directed by the 
        Attorney General in accordance with section 242 or 242A.
    ``(d) Asylum Procedure.--
            ``(1) Applications.--The Attorney General shall establish a 
        procedure for the filing and consideration of asylum 
        applications.
                    ``(A) The Attorney General may require applicants 
                to submit fingerprints and a photograph at such time 
                and in such manner to be determined by regulation by 
                the Attorney General.
                    ``(B) Except for asylum claims first raised in a 
                proceeding before an Immigration trial judge, an asylum 
                officer shall review each asylum application and 
                interview applicants.
                            ``(i) If the asylum officer determines that 
                        an applicant is beyond a reasonable doubt 
                        eligible for asylum, the application shall be 
                        referred directly to the Attorney General.
                            ``(ii) If the asylum officer determines 
                        that an applicant is not beyond a reasonable 
                        doubt eligible for asylum, the application 
                        shall be referred to the Immigration Court for 
                        adjudication of the applicant's claim to be a 
                        refugee within the meaning of section 
                        101(a)(42)(A).
                            ``(iii) The asylum officer shall prepare a 
                        written record of a determination under clause 
                        (i) or (ii). Such record shall include a 
                        summary of the material facts as stated by the 
                        applicant, such additional facts (if any) 
                        relied upon by the officer, and the officer's 
                        analysis of why, in light of such facts, the 
                        alien has or has not established eligibility 
                        beyond a reasonable doubt for asylum. A copy of 
                        the officer's interview notes shall be attached 
                        to the written summary.
                            ``(iv) In the absence of exceptional 
                        circumstance, the administrative actions 
                        regarding an asylum application shall be 
                        completed not later than 45 days after the date 
                        an application is filed.
                            ``(v) The Attorney General shall report to 
                        Congress annually regarding the number and 
                        nature of applications approved under clause 
                        (i).
                    ``(C) The Attorney General shall check the identify 
                of each applicant against all appropriate records or 
                databases maintained by the Attorney General and by the 
                Secretary of State, including the Automated Visa 
                Lookout System, to determine any grounds on which the 
                alien may be excludable or deportable from the United 
                States, or ineligible to apply for or be granted 
                asylum.
                    ``(D) An applicant for assylum is not entitled to 
                employment authorization, but such authorization may be 
                provided under regulation by the Attorney General. An 
                applicant who is not otherwise eligible for employment 
                authorization shall not be granted such authorization 
                prior to 180 days after the date of filing of the 
                application for asylum.
                    ``(E) The Attorney General may impose fees for the 
                consideration of an application for asylum, for 
                employment authorization under this section, and for 
                adjustment of status under section 209(b). Such fees 
                shall not exceed the Attorney General's costs in 
                processing the applications. The Attorney General may 
                provide for the assessment and payment of such fees 
                over a period of time or by installments. Nothing in 
                this paragraph shall be construed to require the 
                Attorney General to charge fees for processing services 
                provided to asylum applicants, or to limit the 
                authority of the Attorney General to set adjudication 
                and naturalization fees in accordance with section 
                286(m).
            ``(2) Notice of privilege of counsel and consequences of 
        frivolous application.--At the time of filing an application 
        for asylum, the Attorney General shall--
                    ``(A) advise the alien of the privilege of being 
                represented by counsel and of the consequences, under 
                paragraph (6), of knowingly filing a frivolous 
                application for asylum; and
                    ``(B) provide the alien a list of persons (updated 
                not less often than quarterly) who have indicated their 
                availability to represent aliens in asylum proceedings 
                on a pro bono basis. Such lists are to be compiled and 
                updated by the Immigration Court.
            ``(3) Adjudication of asylum applications.--
                    ``(A) Decision by immigration trial judge.--In the 
                absence of exceptional circumstances, a final decision 
                by an immigration trial judge on an asylum application 
                referred to the Immigration Court by an asylum officer 
                shall be issued not later than 45 days after the 
                application has been referred to the Immigration Court.
                    ``(B) Appeal to appellate division.--Any appeal to 
                the appellate division shall be filed within 20 days of 
                a decision granting or denying asylum, or within 20 
                days of the completion of deportation or exclusion 
                proceedings before an immigration trial judge under 
                section 236 or 242, whichever is later.
                    ``(C) Sanction for failure to appear.--In the case 
                of an applicant for asylum who fails without prior 
                authorization or in the absence of exceptional 
                circumstances to appear for an interview under 
                paragraph (1)(B) or a hearing before the Immigration 
                Court, including a hearing under section 236 or 242, 
                the application may be dismissed or the applicant may 
                be otherwise sanctioned for such failure.
            ``(4) Additional regulatory conditions.--The Attorney 
        General and the Immigration Court may provide by regulation for 
        any other conditions or limitations on the consideration of an 
        application for asylum not inconsistent with this Act.
            ``(5) Frivolous applications.--If the Immigration Court 
        determines that an alien has knowingly made a frivolous 
        application for asylum and the alien has received the notice 
        under paragraph (4)(A), the alien shall be permanently 
        ineligible for any benefits under this Act, effective as of the 
        date of a final determination on such application.
            ``(7) No private right of action.--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.''.
    (b) Conforming and Clerical Amendments.--
            (1) The item in the table of contents relating to section 
        208 is amended to read as follows:

``Sec. 208. Asylum.''.
            (2) Section 104(d)(1)(A) of the Immigration Act of 1990 
        (Public Law 101-649) is amended by striking ``208(b)'' and 
        inserting ``208''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to applications for asylum filed on or after the first day of the 
first month beginning more than 180 days after the date of enactment of 
this Act.

SEC. 5. CONFORMING AMENDMENTS.

    (a) Section 209.--Section 209(a)(2) (8 U.S.C. 1159(a)(2)) is 
amended by striking ``a special inquiry officer'' and inserting ``an 
immigration trial judge''.
    (b) Section 234.--Section 234 (8 U.S.C. 1224) is amended by 
striking ``special inquiry officers'' and inserting ``Immigration 
Court''.
    (c) Section 235.--(1) Subsection (a) of section 235 (8 U.S.C. 1225) 
is amended--
            (A) by striking ``in regard to special inquiry officers'' 
        in the first sentence;
            (B) by striking ``, including special inquiry officers,'' 
        in the fourth sentence;
            (C) by striking ``, including special inquiry officer,'' 
        and ``and special inquiry officers'' in the sixth sentence; and
            (D) by striking ``or special inquiry officer'' each place 
        it appears in the seventh sentence.
    (2) Subsection (b) of such section is amended--
            (A) by striking ``for further inquiry to be conducted by a 
        special inquiry officer'' and inserting ``for a hearing before 
        the Immigration Court'', and
            (B) by striking ``before a special inquiry officer for 
        further inquiry'' and inserting ``before the Immigration Court 
        for a hearing''.
    (3) Subsection (c) of such section is amended--
            (A) by striking ``the special inquiry officer'' and 
        inserting ``the Immigration Court'',
            (B) by striking ``before either of such officers'' and 
        inserting ``or hearing'',
            (C) by striking ``no further inquiry by a special inquiry 
        officer'' and inserting ``no further proceedings by the 
        Immigration Court'',
            (D) by striking ``such an inquiry or further inquiry'' and 
        inserting ``an inquiry'',
            (E) by striking ``any inquiry or further inquiry by a 
        special inquiry officer'' and inserting ``any hearing or 
        further proceedings before the Immigration Court'', and
            (F) by striking ``an inquiry before a special inquiry 
        officer'' and inserting ``any proceedings before the 
        Immigration Court''.
    (d) Section 236.--(1) Subsection (a) of section 236 (8 U.S.C. 1226) 
is amended to read as follows:
    ``(a) An immigration trial judge shall conduct proceedings under 
this section, administer oaths, present and receive evidence, and 
interrogate, examine, and cross-examine the alien or witnesses. Such 
judge shall have authority in any case to determine whether an arriving 
alien who has been detained for a hearing under paragraph (1)(C)(ii), 
(2), or (3) of section 235(b) shall be allowed to enter or shall be 
excluded and deported. The decision of such judge shall be based only 
on the evidence produced at the hearing. No immigration trial judge 
shall conduct a proceeding in any case under this section in which such 
judge participated in prosecuting functions. Proceedings before an 
immigration trial judge under this section shall be conducted in 
accordance with this section and such rules as the Immigration Court 
shall promulgate, and shall be the sole and exclusive procedure for 
determining admissibility of a person to the United States under the 
provisions of this section. At such hearing, which shall be kept 
separate and apart from the public, the alien may have one friend or 
relative present, under such conditions as may be prescribed by the 
Immigration Court. A complete record of the proceedings and of all 
testimony and evidence produced at such hearing shall be kept.''.
    (2) Subsection (b) of such section is amended to read as follows:
    ``(b)(1) From a decision of an immigration trial judge excluding an 
alien, such alien may take a timely appeal to the appellate division of 
the Immigration Court in accordance with chapter 2 of title I, and any 
such alien shall be advised of his right to take such appeal. No appeal 
may be taken from an exclusion under section 235(c), and appeals of 
exclusions under section 235(b)(1) are governed exclusively by section 
106(e).
    ``(2) From a decision of the immigration trial judge to admit an 
alien, the immigration officer in charge at the port where the hearing 
held may take a timely appeal to the appellate division of the 
Immigration Court, in accordance with chapter 2 of title I.
    ``(3) Review by the appellate division shall be based only on the 
evidence presented before the trial judge, and the findings of fact by 
the trial judge are conclusive unless any reasonable adjudicator would 
be compelled to conclude to the contrary.
    ``(4) During the pendency of an appeal from a decision of an 
immigration trial judge the alien shall be deemed to be an applicant 
for admission to the United States regardless of whether the alien is 
in or outside the United States.
    ``(5) In exceptional cases, while a decision on an appeal is 
pending, an alien in the United States may, upon request to the 
Service, be granted permission to depart from and return to the United 
States within a period of time not to exceed sixty days. Such temporary 
departure and return shall not have any effect on the alien's 
application and shall not relieve from liability the carrier that 
brought the alien to the United States at the time the alien was held 
for exclusion proceedings.''.
    (3) Subsection (c) of such section is amended--
            (A) by striking ``a special inquiry officer'' and inserting 
        ``an immigration trial judge'', and
            (B) by striking ``the Attorney General'' and inserting 
        ``the appellate division of the Immigration Court''.
    (4) Subsection (d) of such section is amended--
            (A) by striking ``the special inquiry officer'' and 
        inserting ``the immigration trial judge'', and
            (B) by striking ``a special inquiry officer'' and inserting 
        ``an immigration trial judge''.
    (e) Section 242.--(1) Subsection (a) of section 242 (8 U.S.C. 1252) 
is amended--
            (A) by amending the fourth sentence of paragraph (1) to 
        read as follows: ``Upon application by the alien, the trial 
        division of the Immigration Court may review and revise a 
        determination by the Attorney General regarding the detention 
        or release of any alien or the grant, revocation, or denial of 
        bond or parole upon a conclusive showing that the Attorney 
        General is not proceeding with reasonable dispatch to initiate 
        a deportation proceeding or is otherwise unreasonably delaying 
        a deportation proceeding. A decision by the trial division 
        under this paragraph may be appealed to the appellate division 
        by either the alien or the Attorney General, and the 
        determination of the Attorney General shall remain effective 
        pending such an appeal. A decision by the appellate division is 
        not subject to further judicial review.'',
            (B) by amending paragraph (2)(B) to read as follows:
    ``(B) The Immigration Court may order the Attorney General to 
release from custody any lawfully admitted alien who has been convicted 
of an aggravated felony, either before or after a determination of 
deportability, only if the alien demonstrates to the satisfaction of 
the Court that such alien is not a threat to the community and that the 
alien is likely to appear before any scheduled hearings.''.
    (2) Subsection (b) of such section is amended--
            (A) by striking ``a special inquiry officer and inserting 
        ``an immigration trial judge'' each place it appears in the 
        first, second, and seventh sentences,
            (B) by striking ``as authorized by the Attorney General,'',
            (C) by striking ``in which case the Attorney General shall 
        prescribe necessary and proper safeguards for the rights and 
        privileges of such alien'' and inserting ``in which case 
        necessary and proper safeguards for the rights and privileges 
        of the alien shall be extended in accordance with rules 
        promulgated by the appellate division of the Immigration 
        Court'',
            (D) by striking ``the special inquiry officer'' and 
        inserting ``the immigration trial judge'' in the third 
        sentence,
            (E) by striking ``In any case'' and all that follows 
        through ``additional immigration officer'' and inserting ``An 
        immigration officer'' and by striking ``such additional 
        immigration officer'' and inserting ``such immigration 
        officer'' in the fourth sentence,
            (F) by striking the fifth sentence,
            (G) by striking ``No special inquiry officer'' and 
        inserting ``No immigration trial judge'' and by striking 
        ``(except as provided in this subsection)'' in the sixth 
        sentence,
            (H) by striking ``such regulations,'' and all that follows 
        through ``Attorney General'' and inserting ``such rules, not 
        inconsistent with this Act, as the appellate division of the 
Immigration Court'' in the seventh sentence,
            (I) by striking ``Such regulations'' and inserting ``Such 
        rules'' in the eighth sentence, and
            (J) by striking ``the Attorney General'' and inserting 
        ``the Immigration Court'' in the tenth sentence.
    (3) Subsection (c) of such section is amended--
            (A) by striking ``under administrative processes is made'' 
        and inserting ``is issued by the Immigration Court'',
            (B) by striking ``judicial review is had'' and ``court'' 
        and inserting ``an appeal is taken to the Court of Appeals for 
        the Federal Circuit'' and ``Court of Appeals'', respectively, 
        in the first sentence, and
            (C) by amending the second sentence to read as follows: 
        ``Upon application by the alien, the trial division of the 
        Immigration Court may review and revise a determination by the 
        Attorney General regarding the detention or release of any 
        alien or the grant, revocation, or denial of bond or parole 
        during such six-month period upon a conclusive showing that the 
        Attorney General is not proceeding with reasonable dispatch to 
        effect such alien's departure from the United States within 
        such six-month period. A decision by the trial division under 
        this paragraph may be appealed to the appellate division by 
        either the alien or the Attorney General, and the determination 
        of the Attorney General shall remain effective pending such an 
        appeal. A decision by the appellate division is not subject to 
        further judicial review.''.
    (4) Subsection (e) of such section is amended--
            (A) by striking ``under administrative processes'' and all 
        that follows through ``of the court'' and inserting ``is issued 
        by the Immigration Court, or, if an appeal is taken to the 
        Court of Appeals for the Federal Circuit, then from the date of 
        the final order of the Court of Appeals'', and
            (B) by striking ``: Provided further,'' and all that 
        follows through ``under the immigration laws.''
    (5) Subsection (f) of such section is amended--
            (A) by striking ``Attorney General'' and inserting 
        ``Immigration Court'', and
            (B) by striking ``on any ground'' and all that follows 
        through ``in subsection (e),''.
    (6) Subsection (i) of such section is amended by striking ``shall 
begin'' and inserting ``shall initiate and the Immigration Court shall 
conduct''.
    (f) Section 242A.--(1) Subsection (a) of section 242A (8 U.S.C. 
1252a) is amended--
            (A) in paragraph (1) by striking ``Attorney General'' and 
        inserting ``Immigration Court'',
            (B) in paragraph (3)(A) by striking ``shall provide for'' 
        and all that follows through ``appeals thereof,'' and inserting 
        ``shall initiate and the Immigration Court shall, to the extent 
        possible, complete deportation proceedings and appeals'', and
            (C) in paragraph (4) by striking subparagraph (A) and 
        striking ``(B)''.
    (2) Subsection (b) of such section is amended--
            (A) in paragraph (1) by striking ``Attorney General'' and 
        inserting ``Immigration Court'',
            (B) in paragraph (3) by striking ``106'' and inserting 
        ``106(d)'', and
                    (C) in paragraph (4) by striking ``Attorney 
                General'' and inserting ``Immigration Court'' each 
                place it appears.
    (3) Subsection (d) is redesignated as subsection (c) and newly 
designated subsection (c)(3)(A)(i) is amended by striking ``court of 
appeals'' and all that follows through ``is located'' and inserting 
``Court of Appeals for the Federal Circuit''.
    (g) Section 242B.--(1) Subsection (c) of section 242B (8 U.S.C. 
1252b(d)) is amended by striking ``, notwithstanding'' and all that 
follows through ``deportation and''.
    (2) Subsection (d) of such section is amended--
            (A) by striking ``Attorney General'' and inserting 
        ``Immigration Court'' each place it appears,
            (B) in paragraph (1) by striking ``a special inquiry 
        officer or before an appellate administrative body'' and 
        inserting ``a judge or judges of a division of the Court'', and
            (C) in paragraph (2) by striking ``administrative appeal of 
        a'' and inserting ``appeal of an immigration trial judge's''.
    (3) Subsection (e) of such subsection is amended--
            (A) by striking ``Attorney General'' and inserting 
        ``Immigration Court'', and
            (B) by inserting ``, notice'' after ``under this section''.
    (h) Section 243.--Section 243(h) (8 U.S.C. 1253(h)) is amended--
            (1) in paragraph (1) by striking ``the Attorney General 
        determines'' and inserting ``the Immigration Court 
        determines'', and
            (2) in paragraph (2) by striking ``the Attorney General'' 
        and inserting ``the Immigration Court''.
    (i) Section 244.--(1) Subsection (a) of section 244 (8 U.S.C. 1254) 
is amended--
            (A) by striking ``the Attorney General may'' and inserting 
        ``the presiding immigration trial judge may'',
            (B) by striking ``applies to the Attorney General'' and 
        inserting ``applies to the Immigration Court'',
            (C) in paragraph (1) by striking ``the Attorney General'' 
        and inserting ``the immigration trial judge'', and
            (D) in paragraphs (2) and (3) by striking ``the Attorney 
        General'' and inserting ``the immigration trial judge'' each 
        place it appears.
    (2) Subsection (c) of such section is amended to read:
    ``(c) Either party in a deportation proceeding may appeal a 
decision to suspend deportation under subsection (a).''.
    (3) Subsection (d) of such section is amended by striking 
``cancellation'' and inserting ``suspension''.
    (4) Subsection (e) of such section is amended--
            (A) by striking ``Attorney General'' each place it appears 
        and inserting ``Immigration Court'', and
            (B) by striking ``in his discretion'' and inserting ``in 
        its discretion''.
    (j) Section 246.--Section 246(a) (8 U.S.C. 1256(a)) is amended by 
striking ``Attorney General'' and inserting ``Immigration Court'' each 
place it appears.
    (k) Section 243.--Section 273(d) (8 U.S.C. 1323(d)) is amended by 
striking ``special inquiry officers'' and inserting ``immigration trial 
judges''.
    (l) Section 279.--Section 279 (8 U.S.C. 1329) is amended--
            (1) by striking out ``The district courts'' in the first 
        sentence and inserting ``Except as otherwise provided in this 
        Act and except in such cases as jurisdiction is conferred by 
        law in the Immigration Court (regardless of whether the cause 
        is brought by or against the United States), the district 
        courts'', and
            (2) by striking ``such suit when brought by the United 
        States'' and inserting ``suit brought by the United States 
        under this title''.
    (m) Section 291.--Section 291 (8 U.S.C. 1361) is amended by 
inserting ``or the Immigration Court'' after ``satisfaction of the 
Attorney General''.
    (n) Section 292.--Section 292 (8 U.S.C. 1362) is amended by 
striking ``a special inquiry officer'' and all that follows through 
``such exclusion or deportation proceedings'' and inserting ``the 
Immigration Court''.
    (o) Section 360.--The second sentence of section 360(c) (8 U.S.C. 
1503(c)) is amended--
            (1) by striking ``by the Attorney General'' and inserting 
        ``by the Immigration Court'', and
            (2) by striking ``by any court of competent jurisdiction'' 
        and inserting ``by the Court of Appeals of the Federal 
        Circuit''.
    (p) Section 235.--Section 235(b) as amended by section 422 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132) is amended--
            (1) in paragraph (1)(C)(ii) by striking ``an asylum hearing 
        before an asylum officer under section 208'' and inserting 
        ``further consideration of the application for asylum'',
            (2) in paragraph (1)(E)(i)--
                    (A) by striking ``administrative appeal'' and 
                inserting ``appeal to the Immigration Court'',
                    (B) striking ``review'' and inserting ``referral to 
                the Immigration Court'', and
                    (C) adding at the end the following new sentence: 
                ``The Immigration Court shall expedited review of 
                claims referred to it under this clause.'',
            (3) in paragraphs (2)(A) and (3) by striking ``a special 
        inquiry officer'' and inserting ``the Immigration Court'' each 
        place it appears.

SEC. 6. EFFECTIVE DATE; SEVERABILITY.

    (a) Effective Date.--The amendments made by section 5 shall take 
effect on the hearing transition date designated pursuant to section 
2(c)(3) of this Act.
    (b) Severability.--If any provision or amendment made by this Act 
or the application of such provision or amendment to any person or 
circumstance is held to be invalid, the remainder of this Act and its 
amendments and the application of such provisions or amendments to any 
person or circumstance shall not be affected thereby.
                                 <all>