[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 100 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 100

   To amend the Immigration and Nationality Act to modify provisions 
           relating to judicial review of orders of removal.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2005

Mr. Dreier (for himself and Mr. Sensenbrenner) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to modify provisions 
           relating to judicial review of orders of removal.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Citizens and Legal Immigration 
Act''.

SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

    (a) In General.--Section 242 of the Immigration and Nationality Act 
(8 U.S.C. 1252) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``(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'' after 
                        ``Notwithstanding any other provision of law'';
                            (ii) in each of subparagraphs (B) and (C), 
                        by inserting ``(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, and except as provided in subparagraph 
                        (D)'' after ``Notwithstanding any other 
                        provision of law''; and
                            (iii) by adding at the end the following:
                    ``(D) Judicial review of certain legal claims.--
                Nothing in subparagraph (B) or (C) shall be construed 
                as precluding review of constitutional claims or pure 
                questions of law raised upon a petition for review 
                filed with an appropriate court of appeals in 
                accordance with this section.''; and
                    (B) by adding at the end the following:
            ``(4) Claims under the united nations convention.--
        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, a petition for review filed with 
        an appropriate court of appeals in accordance with this section 
        shall be the sole and exclusive means for judicial review of 
        any cause or claim under the United Nations Convention Against 
        Torture and Other Forms of Cruel, Inhuman, or Degrading 
        Treatment or Punishment, except as provided in subsection (e).
            ``(5) Exclusive means of review.--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, a 
        petition for review filed with an appropriate court of appeals 
        in accordance with this section shall be the sole and exclusive 
        means for judicial review of an order of removal entered or 
        issued under any provision of this Act, except as provided in 
        subsection (e). For purposes of this Act, in every provision 
        that limits or eliminates judicial review or jurisdiction to 
        review, the terms `judicial review' and `jurisdiction to 
        review' include habeas corpus review pursuant to section 2241 
        of title 28, United States Code, or any other habeas corpus 
        provision, sections 1361 and 1651 of such title, and review 
        pursuant to any other provision of law (statutory or 
        nonstatutory).'';
            (2) in subsection (b)--
                    (A) in paragraph (3)(B), by inserting ``pursuant to 
                subsection (f)'' after ``unless''; and
                    (B) in paragraph (9), by adding at the end the 
                following: ``Except as otherwise provided in this 
                section, no court shall have jurisdiction, by habeas 
                corpus under section 2241 of title 28, United States 
                Code, 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.''; and
            (3) in subsection (g), by inserting ``(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'' after ``notwithstanding any other 
        provision of law''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect upon the date of the enactment of this Act and shall apply 
to cases in which the final administrative removal order was issued 
before, on, or after the date of the enactment of this Act.
    (c) Transfer of Cases.--If an alien's case, brought under section 
2241 of title 28, United States Code, and challenging a final 
administrative removal order, is pending in a district court on the 
date of the enactment of this Act, then the district court shall 
transfer the case (or the part of the case that challenges the removal 
order) to the court of appeals for the circuit in which a petition for 
review could have been properly filed under section 242 of the 
Immigration and Nationality Act (8 U.S.C. 1252), as amended by this 
section. 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.
                                 <all>