Page:United States Statutes at Large Volume 110 Part 2.djvu/86

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110 STAT. 1260 PUBLIC LAW 104-132—APR. 24, 1996 this title by filing an application with the removal court that contains— "(A) the identity of the attorney in the Department of Justice making the application; "(B) a certification by the Attorney General or the Deputy Attorney General that the application satisfies the criteria and requirements of this section; "(C) the identity of the alien for whom authorization for the removal proceeding is sought; and "(D) a statement of the facts and circumstances relied on by the Department of Justice to establish probable cause that— "(i) the alien is an alien terrorist; "(ii) the alien is physically present in the United States; and "(iii) with respect to such alien, removal under title II would pose a risk to the national security of the United States. "(2) FILING.— An application under this section shall be submitted ex parte and in camera, and shall be filed under seal with the removal court. "(b) RIGHT TO DISMISS.— The Attorney General may dismiss a removal action under this title at any stage of the proceeding. "(c) CONSIDERATION OF APPLICATION. — "(1) BASIS FOR DECISION. —In determining whether to grant an application under this section, a single judge of the removal court may consider, ex parte and in camera, in addition to the information contained in the application— "(A) other information, including classified information, presented under oath or affirmation; and Records. "(B) testimony received in any hearing on the application, of which a verbatim record shall be kept. "(2) APPROVAL OF ORDER. —The judge shall issue an order granting the application, if the judge finds that there is probable cause to believe that— ' "(A) the alien who is the subject of the application has been correctly identified and is an alien terrorist present in the United States; and "(B) removal under title II would pose a risk to the national security of the United States. "(3) DENIAL OF ORDER.—I f the judge denies the order requested in the application, the judge shall prepare a written statement of the reasons for the denial, taking all necessary precautions not to disclose any classified information contained in the Government's application. "(d) EXCLUSIVE PROVISIONS.— I f an order is issued under this section granting an application, the rights of the alien regarding removal and expulsion shall be governed solely by this title, and except as they are specifically referenced in this title, no other provisions of this Act shall be applicable. 8 USC 1534. " SEC. 504. REMOVAL HEARING. " (a) IN GENERAL.— "(1) EXPEDITIOUS HEARING.—In any case in which an application for an order is approved under section 503(c)(2), a removal hearing shall be conducted under this section as expeditiously as practicable for the purpose of determining