Page:United States Statutes at Large Volume 110 Part 4.djvu/745

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -582 by the Attorney General. Such consultation shall be at no expense to the Government and shall not unreasonably delay the process. "(v) CREDIBLE FEAR OF PERSECUTION DEFINED.— For purposes of this subparagraph, the term 'credible fear of persecution' means that there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208. "(C) LIMITATION ON ADMINISTRATIVE REVIEW. —Except as provided in subparagraph (B)(iii)(III), a removal order entered in accordance with subparagraph (A)(i) or (B)(iii)(I) is not subject to administrative appeal, except that the Attorney General shall provide by regulation for prompt review of such an order under subparagraph (A)(i) against an alien who claims under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, after having been warned of the penalties for falsely making such claim under such conditions, to have been lawfully admitted for permanent residence, to have been admitted as a refugee under section 207, or to have been granted asylum under section 208. "(D) LIMIT ON COLLATERAL ATTACKS. — In any action brought against an alien under section 275(a) or section 276, the court shall not have jurisdiction to hear any claim attacking the validity of an order of removal entered under subparagraph (A)(i) or (B)(iii). "(E) ASYLUM OFFICER DEFINED.— As used in this paragraph, the term 'asylum officer' means an immigration officer who— "(i) has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of applications under section 208, and "(ii) is supervised by an officer who meets the condition described in clause (i) and has had substantial experience adjudicating asylum applications. "(F) EXCEPTION.— Subparagraph (A) shall not apply to an alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations and who arrives by aircraft at a port of entry. "(2) INSPECTION OF OTHER ALIENS.— " (A) IN GENERAL.— Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 240. "(B) EXCEPTION.— Subparagraph (A) shall not apply to an alien— "(i) who is a crewman, "(ii) to whom paragraph (1) applies, or "(iii) who is a stowaway.

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