Speech #980043272

On page 127. strike out lines 14 through On page 131. amend lines 1 and 2 to read as follows: (1)(A) in the matter before paragraph (1). by striking out "The procedure" and all that follows through "any prior Act" and inserting in lieu thereof the following: "Notwithstanding section 279 of this Act. section 1331 of title 28. United States Code. or any other provision of law (except as provided under subsection (b)). the procedures prescribed by and all the provisions of chapter 158 of title 28. United States Code. shall apply to. and shall be the sole and exclusive procedure for. the judicial review of all final orders of exclusion or deportation (including determinations respecting asylum encompassed within such orders and regardless of whether or not the alien is in custody and not including exclusions effected without a hearing pursuant to section 235(b)(1)(B)) made against aliens within (or seeking entry into) the United States". (B) in paragraph (1). by striking out "not later than six months" and all that follows through "whichever is the later" and inserting in lieu thereof "by the alien involved or the Service not later than 45 days from the date of the final order". (C) inserting ". in the case of review sought by an individual petitioner." in paragraph (2) after "in whole or in part. or". (D) by inserting "in the case of review sought by an individual petitioner." in paragraph (3) after "(3)". and (E) by inserting "exclusion or" before "deportation" in paragraph (4). On page 131. amend lines 14 through 17 to read as follows: "(B) to the extent that an order relates to a determination on an application for asylum. the court shall only have jurisdiction to review (i) whether the jurisdiction of the immigration judge or the United States Immigration Board was properly exercised. (ii) whether the asylum determination was made in accordance with applicable laws and regulations. (iii) the constitutionality of the laws and regulations pursuant to which the determination was made. and (iv) whether the decision was arbitrary or capricious.". (6) in paragraph (7)(A) by inserting "or exclusion" after "deportation" each place it appears. (B) by striking out "subsection (c) of section 242 of this Act" and inserting in lieu thereof "section 235(b) or 242(c)". and (C) by striking out "a deportation order." and inserting in lieu thereof "an exclusion or deportation order. and". On page 131. strike out line 23 and all that follows through page 132. line 8. On page 132. lines 9 and 12. strike out "(2)" and "(3)" and insert in lieu thereof "(b)(1)" and "(2)". respectively. On page 133. line 9. strike out "thirty" and insert in lieu thereof "45". On page 133. line 21. insert "exclusion or" before "deportation". On page 135. insert after line 14 the following: "(3)(A)(i) Upon the filing of an application for asylum. the immigration judge. at the earliest practicable time and after consultation with the attorney for the Government and the applicant. shall set the application for hearing on a day certain or list it for trial on a weekly or other short term hearing calendar. so as to assure a speedy hearing. "(ii) The hearing on the asylum application shall commence on the earliest practicable date after the date the application has been filed. The holding of an asylum hearing shall not delay the holding of any exclusion or deportation proceeding. "(iii) In the case of an alien who has filed an application for asylum and who has been continuously detained pursuant to section 235 or 242 since the date the application was filed. if a hearing on the application is not held on a timely basis under clause (ii) or a decision on the application rendered on a timely basis under subparagraph (B). and if actions or inaction by the applicant have not resulted in unreasonable delay in the proceedings. the Attorney General shall provide for the release of the alien subject to such reasonable conditions as the Attorney General may establish to assure the presence of the alien at any approporiate proceedings. unless the Attorney General has reason to believe that the release of the alien would pose a danger to any other person or to the community. that the alien meets a condition described in one of the subparagraphs of section 243(h)(2). or that the alien is subject to temporary exclusion under section 235(c). On page 135. line 15. strike out "(3)(A)" and insert in lieu thereof "(B)". On page 135. line 21. insert "verbatim" after "complete". On page 135. line 23. after the period insert the following new sentence: "The immigration judge shall render a determination on the application not later than 90 days after the date of completion of the hearing.". On page 136. line 1. strike out "(B)(i)" and insert in lieu thereof "(C)(i)". On page 136. after line 13. insert the following new clauses: "(D) Upon the filing of a notice of appeal the decision of an immigration judge to the United States Immigration Board under section 107(b). the Attorney General and the Board shall provide that a transcript of the hearing is made available as soon as practicable. "(E) The Attorney General shall allocate sufficient resources so as to assure that applications for asylum are heard and determined on a timely basis under this paragraph.". On page 148. line 15. strike out "or the Attorney General".