Page:United States Statutes at Large Volume 110 Part 2.djvu/89

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PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1263 of its submission pursuant to subparagraph (C), the removal hearing shall be terminated. "(f) ARGUMENTS. — Following the receipt of evidence, the Government and the alien shall be given fair opportunity to present argument as to whether the evidence is sufficient to justify the removal of the alien. The Government shall open the argument. The alien shall be permitted to reply. The Government shall then be permitted to reply in rebuttal. "(g) BURDEN OF PROOF.— In the hearing, it is the Government's burden to prove, by the preponderance of the evidence, that the alien is subject to removed because the alien is an alien terrorist. "(h) RULES OF EVIDENCE. —The Federal Rules of Evidence shall not apply in a removal hearing. "(i) DETERMINATION OF DEPORTATION.— I f the judge, after considering the evidence on the record as a whole, finds that the Government has met its burden, the judge shall order the alien removed and detained pending removal from the United States. If the alien was released pending the removal hearing, the judge shall order the Attorney General to take the alien into custody. "(j) WRITTEN ORDER. — At the time of issuing a decision as to whether the alien shall be removed, the judge shall prepare a written order containing a statement of facts found and conclusions of law. "(k) No RIGHT TO ANCILLARY RELIEF.— At no time shall the judge consider or provide for relief from removal based on— "(1) asylum under section 208; "(2) withholding of deportation under section 243(h); "(3) suspension of deportation under subsection (a) or (e) of section 244; "(4) adjustment of status under section 245; or "(5) registry under section 249. "SEC. 505. APPEALS. 8 USC 1535. " (a) APPEAL OF DENL^ OP APPLICATION FOR REMOVAL PROCEED- INGS.— "(1) IN GENERAL. —The Attorney General may seek a review of the denial of an order sought in an application filed pursuant to section 503. The appeal shall be filed in the United States Court of Appeals for the District of Columbia Circuit by notice of appeal filed not later than 20 days after the date of such denial. "(2) RECORD ON APPEAL.— The entire record of the proceeding shall be transmitted to the Court of Appeals under seal, and the Court of Appeals shall hear the matter ex parte. "(3) STANDARD OF REVIEW. —The Court of Appeals shall— "(A) review questions of law de novo; and "(B) set aside a finding of fact only if such finding was clearly erroneous. "(b) APPEAL OF DETERMINATION REGARDING SUMMARY OF CLASSIFIED INFORMATION.— "(1) IN GENERA]-,.— The United States may take an interlocutory appeal to the United States Court of Appeals for the District of Columbia Circuit of— "(A) any determination by the judge pursuant to section 504(e)(3); or "(B) the refusal of the court to make the findings permitted by section 504(e)(3).