Page:United States Statutes at Large Volume 100 Part 4.djvu/1054

 100 STAT. 3400

PUBLIC LAW 99-603—NOV. 6, 1986 "(A)

SINGLE

LEVEL

OF ADMINISTRATIVE

APPELLATE

REVIEW.—The Attorney General shall establish an appellate authority to provide for a single level of administrative appellate review of a determination described in paragraph I. (1).

"(B) STANDARD FOR REVIEW.—Such administrative appellate review shall be based solely upon the administrative >f. record established at the time of the determination on the application and upon such additional or newly discovered ,; ':r. evidence as may not have been available at the time of the determination. ., "(4) JUDICIAL REVIEW.— <> » "(A) LIMITATION TO REVIEW OF DEPORTATION.—There

shall be judicial review of such a denial only in the judicial review of an order of deportation under section 106.

8 USC 1105a.

"(B) STANDARD FOR JUDICIAL REVIEW.—Such

judicial

review shall be based solely upon the administrative record established at the time of the review by the appellate
 * i'}«; authority and the findings of fact and determinations contained in such record shall be conclusive unless the ap,, y < ^. plicant can establish abuse of discretion or that the findings

, are directly contrary to clear and convincing facts contained in the record considered as a whole. "(g) IMPLEMENTATION OF SECTION.—

"(1) REGULATIONS.—The Attorney General, after consultation with the Committees on the Judiciary of the House of Representatives and of the Senate, shall prescribe— "(A) regulations establishing a definition of the term 'resided continuously', as used in this section, and the -.^ evidence needed to establish that an alien has resided continuously in the United States for purposes of this section, and , "(B) such other regulations as may be necessary to carry out this section. "(2) CONSIDERATIONS.—In prescribing regulations described in paragraph (1)(A)— "(A) PERIODS OF CONTINUOUS RESIDENCE.—The Attorney
 * » i

'' '

General shall specify individual periods, and aggregate periods, of absence from the United States which will be considered to break a period of continuous residence in the United States and shall take into account absences due merely to brief and casual trips abroad. "(B) ABSENCES CAUSED BY DEPORTATION OR ADVANCED

PAROLE.—The Attorney General shall provide that— "(i) an alien shall not be considered to have resided continuously in the United States, if, during any period for which continuous residence is required, the alien was outside the United States as a result of a departure under an order of deportation, and iu^.jx. u "(ii) any period of time during which an alien is outside the United States pursuant to the advance parole procedures of the Service shall not be considered ' • as part of the period of time during which an alien is i outside the United States for purposes of this section. "(C) WAIVERS OF CERTAIN ABSENCES.—The Attorney General may provide for a waiver, in the discretion of the Attorney General, of the periods specified under subpara-

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