Page:United States Statutes at Large Volume 110 Part 4.djvu/805

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-642 security or death or serious bodily injury to any person.". (2) SPECIAL CHALLENGE PROCEDURES.— Section 504(e)(3) (8 U.S.C. 1534(e)(3)) is amended by adding at the end the following new subparagraphs: " (E) CONTINUATION OF HEARING WITHOUT SUMMARY. — If a judge makes the findings described in subparagraph (D)(iii)— "(i) if the alien involved is an alien lawfully admitted for permanent residence, the procedures described in subparagraph (F) shall apply; and "(ii) in all cases the special removal hearing shall continue, the Department of Justice shall cause to be delivered to the alien a statement that no summary is possible, and the classified information submitted in camera and ex parte may be used pursuant to this paragraph. "(F) SPECIAL PROCEDURES FOR ACCESS AND CHALLENGES TO CLASSIFIED INFORMATION BY SPECIAL ATTORNEYS IN CASE OF LAWFUL PERMANENT ALIENS. — "(i) IN GENERAL.—The procedures described in this subparagraph are that the judge (under rules of the removal court) shall designate a special attorney to assist the alien— "(I) by reviewing in camera the classified information on behalf of the alien, and "(II) by challenging through an in camera proceeding the veracity of the evidence contained in the classified information. "(ii) RESTRICTIONS ON DISCLOSURE. —^A special attorney receiving classified information under clause (i)— "(I) shall not disclose the information to the alien or to any other attorney representing the alien, and "(II) who discloses such information in violation of subclause (I) shall be subject to a fine under title 18, United States Code, imprisoned for not less than 10 years nor more than 25 years, or both.". (3) APPEALS.— Section 505(c) (8 U.S.C. 1535(c)) is amended— (A) in paragraph (1), by striking "The decision" and inserting "Subject to paragraph (2), the decision"; (B) in paragraph (3)(D), by inserting before the period at the end the following: ", except that in the case of a review under paragraph (2) in which an alien lawfully admitted for permanent residence was denied a written summary of classified information under section 504(c)(3), the Court of Appeals shall review questions of fact de novo"; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (D) by inserting after paragraph (1) the following new paragraph: "(2) AUTOMATIC APPEALS IN CASES OF PERMANENT RESIDENT ALIENS IN WHICH NO SUMMARY PROVIDED.—

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