Speech #870124518

I want to underscore the importance of section 5. The provisions of that section have heretofore on three separate occasions been approved by this House. That section would for the first time establish a single. specific statutory procedure for judicial review of orders of exclusion and deportation of ineligible and undesirable aliens. A series of Federal court decisions has precipitated chaos in the chanmels of appellate procedure. This chaos has been skillfully exploited by astute lawyers employed by subversive and criminal aliens with funds acquired in criminal and unAmerican pursuits. By shopping about for legal forums with congested dockets. by filing frivolous and dilatory pleas. and by calculated abuse of the Habeas Corpus Act these undesirable aliens with illgotten gains have been able to delay and sometimes to thwart altogether the enforcement of lawful deportation and exclusion orders. Section 5 of this bill confines venue to the jurisdiction in which the alien resides or in which the administrative order was entered. A petition for a review of such an order must be filed within 6 months of its entry in the circuit court of appeals serving that jurisdiction. The writ of habeas corpus is preserved specifically to an alien under an order of exclusion and to an alien held in custody under an order of deportation. However. a subsequent petition for habeas corpus will not be entertained unless the alien show. first. that he has exhausted all administrative remedies. and second. that the validity of the order of deportation has not previously been judicially determined. This is merely an affirmation of the timehonored doctrine of res judicata. Mr.