Page:United States Statutes at Large Volume 75.djvu/693

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[75 Stat. 653]
[75 Stat. 653]
PUBLIC LAW 87-000—MMMM. DD, 1961

75 S T A T. ]

PUBLIC LAW 87-301-SEPT. 26, 1961

653

" (b) Notwithstanding the provisions of- any other law, any alien against whom a final order of exclusion has been made heretofore or hereafter under the provisions of section 236 of this Act or comparable ^6 Stat. 200. provisions of any prior Act may obtain judicial review of such order "^^ ^^^ ' by habeas corpus proceedings and not otherwise. " (c) A n order of deportation or of exclusion shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to him as of right under the immigration laws and regulations or if he has departed from the United States after the issuance of the order. Every petition for review or for habeas corpus shall state whether the validity of the order has been upheld in any prior judicial proceeding, and, if so, the nature and date thereof, and the court in which such proceeding took place. No petition for review or for habeas corpus shall be entertained if the validity of the order has been previously determined in any civil or criminal proceeding, unless the petition presents grounds which the court finds could not have been presented in such prior proceeding, or the court finds that the remedy provided by such prior proceeding was inadequate or ineffective to test the validity of the order." (b) This section shall take effect on the thirtieth day after its Effective date. approval and, notwithstanding the provisions of any other law, including section 405 of the Immigration and Nationality Act, shall then be ^ "^^ ^ ^° ^ "°*®applicable to all administrative proceedings involving deportation or exclusion of aliens notwithstanding (1) that the person involved entered the United States prior to the effective date of this section or of the Immigration and Nationality Act or (2) that the administrative proceeding was commenced or conducted prior to the effective date of this section or of the Immigration and Nationality Act. Any proceeJungi"'*^^* judicial proceeding to review an order of deportation which is pending unheard in any district court of the United States on the effective date of this section (other than a habeas corpus or criminal proceeding in which the validity of the deportation order has been challenged) shall be transferred for determination in accordance with this section to the court of appeals having jurisdiction to entertain a petition for review under this section. Any judicial proceeding to review an order of exclusion which is pending unheard on the effective date of this section shall be expedited in the same manner as is required in habeas corpus. All laws or parts of laws inconsistent with this section are, to the extent of such inconsistency, repealed. If any partic- separability. ular provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of this section and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 6. Section 222 of the Immigration and Nationality Act (8 vi^a^s!^'""^""" ^°' U.S.C. 1202) is hereby amended by deleting from subsection (a) the 66 Stat. 193. language "race and ethnic classification;", and by deleting from subsection (c) the language "his race and ethnic classification:". SEC. 7. (a) Section 101(d)(1) of the Immigration and Nationality "Veteran". Act (8 U.S.C. 1101) is hereby amended by inserting immediately ^^ ^*^*- ^^^• after "December 31, 1946," the following: "or from June 25, 1950, to July 1, 1955,". (b) Section 101(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1101) is hereby amended (1) by striking out "and (C) " and inserting in lieu thereof " (C) ", and (2) by inserting immediately after "December 31, 1946" the following: "; and (D) the term 'Korean hostilities' relates to the period from June 25, 1950, to July 1, 1955".