Page:United States Statutes at Large Volume 100 Part 4.djvu/1075

 PUBLIC LAW 99-603—NOV. 6, 1986 •'

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100 STAT. 3421

"(V) Paragraph (33) (relating to those who assisted in the Nazi persecutions). SPECIAL

RULE

FOR DETERMINATION OF PUBLIC

CHARGE.—An alien is not ineligible for adjustment of status under this section due to being inadmissible under section 212(a)(15) if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public Cash assistance.

8 USC 1182.

"(d) TEMPORARY STAY OF EXCLUSION OR DEPORTATION AND WORK AUTHORIZATION FOR CERTAIN APPLICANTS.— "(1) BEFORE APPLICATION PERIOD.—The Attorney General shall

provide that in the case of an alien who is apprehended before the beginning of the application period described in subsection (a)(1) and who can establish a nonfrivolous case of eligibility to have his status adjusted under subsection (a) (but for the fact that he may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for adjustment, the alien— "(A) may not be excluded or deported, and "(B) shall be granted authorization to engage in employment in the United States and be provided an'employment > authorized' endorsement or other appropriate work permit. "(2) DURING APPLICATION PERIOD.—The Attorney General shall provide that in the case of an alien who presents a nonfrivolous application for adjustment of status under subsection (a) during the application period, and until a final determination on the application has been made in accordance with this section, the '>•' alien— "(A) may not be excluded or deported, and "(B) shall be granted authorization to engage in employment in the United States and be provided an 'employment authorized' endorsement or other appropriate work permit.

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"(e) ADMINISTRATIVE AND JUDICIAL REVIEW.— "(1) ADMINISTRATIVE AND JUDICIAL REVIEW.—There

shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection. "(2) ADMINISTRATIVE REVIEW.— "(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 such a determination. "(B) STANDARD FOR REVIEW.—Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination.

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"(3) JUDICIAL REVIEW.— "(A) LIMITATION TO REVIEW OF EXCLUSION OR DEPORTA-

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TION.—There shall be judicial review of such a denial only in the judicial review of an order of exclusion or deportation under section 106.

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"(B) STANDARD FOR JUDICIAL REVIEW.—Such judicial

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review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings

8 USC ll05a. Records,

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