Page:United States Statutes at Large Volume 110 Part 4.djvu/771

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -608 237(a)(2)(A)(iii), (B), (C), or (D), or any offense covered by section 237(a)(2)(A)(ii) for which both predicate offenses are, without regard to their date of commission, otherwise covered by section 237(a)(2)(A)(i). "(3) TREATMENT OF CERTAIN DECISIONS.—No aHen shall have a right to appeal from a decision of an immigration judge which is based solely on a certification described in section 240(c)(1)(B). "(b) REQUIREMENTS FOR REVIEW OF ORDERS OF REMOVAL.— With respect to review of an order of removal under subsection (a)(1), the following requirements apply: "(1) DEADLINE. —The petition for review must be filed not later than 30 days after the date of the final order of removal. "(2) VENUE AND FORMS. — The petition for review shall be filed with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings. The record and briefs do not have to be printed. The court of appeals shall review the proceeding on a typewritten record and on typewritten briefs. "(3) SERVICE.— "(A) IN GENERAL. —The respondent is the Attorney General. The petition shall be served on the Attorney General and on the officer or employee of the Service in charge of the Service district in which the final order of removal under section 240 was entered. "(B) STAY OF ORDER.— Service of the petition on the officer or employee does not stay the removal of an alien pending the court's decision on the petition, unless the court orders otherwise. "(C) ALIEN'S BRIEF.— The alien shall serve and file a brief in connection with a petition for judicial review not later than 40 days after the date on which the administrative record is available, and may serve and file a reply brief not later than 14 days after service of the brief of the Attorney General, and the court may not extend these deadlines except upon motion for good cause shown. If an alien fails to file a brief within the time provided in this paragraph, the court shall dismiss the appeal unless a manifest injustice would result. "(4) SCOPE AND STANDARD FOR REVIEW.—Except as provided in paragraph (5)(B)— "(A) the court of appeals shall decide the petition only on the administrative record on which the order of removal is based, "(B) the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary, "(C) a decision that an alien is not eligible for admission to the United States is conclusive unless manifestly contrary to law, and "(D) the Attorney General's discretionary judgment whether to grant relief under section 208(a) shall be conclusive unless manifestly contrary to the law and an abuse of discretion. " (5) TREATMENT OF NATIONALITY CLAIMS.— "(A) COURT DETERMINATION IF NO ISSUE OF FACT.— If the petitioner claims to be a national of the United

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