Page:United States Statutes at Large Volume 110 Part 4.djvu/775

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -612 provisions to an individual alien against whom proceedings under such chapter have been initiated. "(2) PARTICULAR CASES. —Notwithstanding any other provision of law, no court shall enjoin the removal of any alien pursuant to a final order under this section unless the alien shows by clear and convincing evidence that the entry or execution of such order is prohibited as a matter of law. "(g) EXCLUSIVE JURISDICTION. —Except as provided in this section and notwithstanding any other provision of law, no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this Act.". (b) REPEAL OF SECTION 106.—Section 106 (8 U.S.C. 1105a) is repealed. (c) EFFECTIVE DATE. — 8 USC 1252 note. (1) IN GENERAL. — Subject to paragraph (2), the amendments made by subsections (a) and (b) shall apply to all final orders of deportation or removal and motions to reopen filed on or after the date of the enactment of this Act and subsection (g) of section 242 of the Immigration and Nationality Act (as added by subsection (a)), shall apply without limitation to claims arising from all past, pending, or future exclusion, deportation, or removal proceedings under such Act. (2) LIMITATION, — Paragraph (1) shall not be considered to invalidate or to require the reconsideration of any judgment or order entered under section 106 of the Immigration and Nationality Act, as amended by section 440 of Public Law 104-132. (d) TECHNICAL AMENDMENT.— Effective as if included in the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132), subsections (a), (c), (d), (g), and (h) of section 440 of such Act are amended by striking "any offense 8 USC 1105a, covered by section 241(a)(2)(A)(ii) for which both predicate offenses 1182, 1252, are covered by section 241(a)(2)(A)(i)" and inserting "any offense 1252a. covered by section 241(a)(2)(A)(ii) for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 241(a)(2)(A)(i)". SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243). (a) IN GENERAL. —Section 243 (8 U.S.C. 1253) is amended to read as follows: "PENALTIES RELATED TO REMOVAL "SEC. 243. (a) PENALTY FOR FAILURE TO DEPART.— "(1) IN GENERAL. —Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a), who— "(A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court, "(B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the alien's departure.

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