Page:United States Statutes at Large Volume 110 Part 2.djvu/98

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110 STAT. 1272 PUBLIC LAW 104-132—APR. 24, 1996 to take the alien whose privilege to enter is so challenged, before a special inquiry officer for a hearing on exclusion of the alien.". (b) CONFORMING AMENDMENT.— Section 237(a) of such Act (8 U.S.C. 1227(a)) is amended— (1) in the second sentence of paragraph (1), by striking "Deportation" and inserting "Subject to section 235(b)(1), deportation", and (2) in the first sentence of paragraph (2), by striking "If and inserting "Subject to section 235(b)(1), if. 8 USC 1225 note. (c) EFFECTIVE DATE.— The amendments made by this section shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act. SEC. 423. JUDICIAL REVIEW. (a) PRECLUSION OF JUDICIAL REVIEW. —Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) is amended— (1) by amending the section heading to read as follows: "JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND EXCLUSION, AND SPECIAL EXCLUSION"; and (2) by adding at the end the following new subsection: "(e)(1) Notwithstanding any other provision of law, and except as provided in this subsection, no court shall have jurisdiction to review any individual determination, or to entertain any other cause or claim, arising from or relating to the implementation or operation of section 235(b)(1). Regardless of the nature of the action or claim, or the party or parties bringing the action, no court shall have jurisdiction or authority to enter declaratory, injunctive, or other equitable relief not specifically authorized in this subsection nor to certify a class under Rule 23 of the Federal Rules of Civil Procedure. "(2) Judicial review of any cause, claim, or individual determination covered under paragraph (1) shall only be available in habeas corpus proceedings, and shall be limited to determinations of— "(A) whether the petitioner is an alien, if the petitioner makes a showing that the petitioner's claim of United States nationality is not frivolous; "(B) whether the petitioner was ordered specially excluded under section 235(b)(1)(A); and "(C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence and is entitled to such review as is provided by the Attorney General pursuant to section 235(b)(l)(E)(i). "(3) In any case where the court determines that an alien was not ordered specially excluded, or was not properly subject to special exclusion under the regulations adopted by the Attorney General, the court may order no relief beyond requiring that the alien receive a hearing in accordance with section 236, or a determination in accordance with section 235(c) or 273(d). "(4) In determining whether an alien has been ordered specially excluded, the court's inquiry shall be limited to whether such an order was in fact issued and whether it relates to the petitioner.". (b) PRECLUSION OF COLLATERAL ATTACKS.— Section 235 of such Act (8 U.S.C. 1225) is amended by adding at the end the following new subsection: