Page:United States Statutes at Large Volume 110 Part 4.djvu/773

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-610 "(8) CONSTRUCTION.—T h is subsection— "(A) does not prevent the Attorney General, after a final order of removal has been issued, from detaining the alien under section 241(a); "(B) does not relieve the alien from complying with section 241(a)(4) and section 243(g); and "(C) does not require the Attorney General to defer removal of the alien. "(9) CONSOLIDATION OF QUESTIONS FOR JUDICIAL REVIEW. — Judicial review of all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien from the United States under this title shall be available only in judicial review of a final order under this section. "(c) REQUIREMENTS FOR PETITION. —^A petition for review or for habeas corpus of an order of removal— "(1) shall attach a copy of such order, and "(2) shall state whether a court has upheld the validity of the order, and, if so, shall state the name of the court, the date of the court's ruling, and the kind of proceeding. "(d) REVIEW OF FINAL ORDERS. —^A court may review a final order of removal only if— "(1) the alien has exhausted all administrative remedies available to the alien as of right, and "(2) another court has not decided the validity of the order, unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior judicial proceeding or that the remedy provided by the prior proceeding was inadequate or ineffective to test the validity of the order. "(e) JUDICIAL REVIEW OF ORDERS UNDER SECTION 235(b)(1).— "(1) LIMITATIONS ON RELIEF. —Without regard to the nature of the action or claim and without regard to the identity of the party or parties bringing the action, no court may— "(A) enter declaratory, injunctive, or other equitable relief in any action pertaining to an order to exclude an alien in accordance with section 235(b)(1) except as specifically authorized in a subsequent paragraph of this subsection, or "(B) certify a class under Rule 23 of the Federal Rules of Civil Procedure in any action for which judicial review is authorized under a subsequent paragraph of this subsection. "(2) HABEAS CORPUS PROCEEDINGS. —Judicial review of any determination made under section 235(b)(1) is available in habeas corpus proceedings, but shall be limited to determinations of— "(A) whether the petitioner is an alien, "(B) whether the petitioner was ordered removed under such section, and "(C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence, has been admitted as a refugee under section 207, or has been granted asylum under section 208, such status not having been terminated, and is entitled to such further inquiry as prescribed by the Attorney General pursuant to section 235(b)(1)(C).

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