Speech #980214233

Page 35. line 22. strike out "(2)" and insert in lieu thereof "(2)(A)". Page 35. line 24. insert "the United States Court of Appeals for the Federal Circuit" after "except". Page 35. after line 25. insert the following new subparagraphs: "(B) No application for a writ of habeas corpus shall be entertained and no extraordinary writ shall be directed to any government official or employee and no injunctive or declaratory relief shall be granted with respect to an immigration matter (as defined in subparagraph (e)). other than by the. United States Court of Appeals for the Federal Circuit in accordance with this section. "(C) The Court of Appeals for the Federal Circuit shall have exclusive jurisidiction to review all Constitutional issues (including habeas corpus and writs for other extraordinary relief) with respect to immigration matters by petition filed no later than 30 days from the date of the final order of the United States Immigration Board. "(D) In the case of a petition filed under this section in which the Court finds that a question of fact is presented"(I) If a determination with respect to that fact was previously made by the Attorney General or an administrative law judge. such determination shall be conclusive if supported in the administrative record by reasonable. substantial. and probative evidence on the record considered as a whole. and "(ii) if no such determination was made. the Court may provide. in accordance and rules established by the Court in cooperation with the United States Immigration Board. for a hearing before an administrative law Judge to make the appropriate findings of fact. "(E) As used in this paragraph. the term immigration matter means a determination under this Act respecting deportation. exclusion. or asylum (or the custody or detention of an alien associated therewith) or any matter reviewable by the United States Immigration Board. Page 37. after line 3. insert the following new subsection: (g)(1) Section 1295(a) of title 28. United States Code. is amended(A) by striking out "and" at the end of paragraph (9). (B) by striking out the period at the end of paragraph (10) and inserting in lieu thereof ". and". and (C) by adding at the end the following new paragraph: "(11) of an appeal under section 106 of the Immigration and Nationality Act and to entertain and grant applications for writs of habeas corpus and petitions for relief respecting any immigration matter pursuant to section 106 of such Act." (2) Section 2441(a) of such title is amended by striking our "Writs" and inserting in lieu thereof "Except as provided in section 1295(a)(11) of this title. writs". Page 50. beginning on line 6. strike out "Sections 106(a)(2) and 236 (8 U.S.C. 1105a(a)(2). 1226) are each amended" and inserting in lieu thereof "Section 236 (8 U.S.C. 1226) is amended".