Page:United States Statutes at Large Volume 119.djvu/323

 PUBLIC LAW 109–13—MAY 11, 2005

119 STAT. 305

credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.’’. (e) STANDARD OF REVIEW FOR ORDERS OF REMOVAL.—Section 242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by adding at the end, after subparagraph (D), the following: ‘‘No court shall reverse a determination made by a trier of fact with respect to the availability of corroborating evidence, as described in section 208(b)(1)(B), 240(c)(4)(B), or 241(b)(3)(C), unless the court finds, pursuant to section 242(b)(4)(B), that a reasonable trier of fact is compelled to conclude that such corroborating evidence is unavailable.’’. (f) CLARIFICATION OF DISCRETION.—Section 242(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended— (1) by inserting ‘‘or the Secretary of Homeland Security’’ after ‘‘Attorney General’’ each place such term appears; and (2) in the matter preceding clause (i), by inserting ‘‘and regardless of whether the judgment, decision, or action is made in removal proceedings,’’ after ‘‘other provision of law,’’. (g) REMOVAL OF CAPS.— (1) ASYLEES.—Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) is amended— (A) in subsection (a)(1)— (i) by striking ‘‘Service’’ and inserting ‘‘Department of Homeland Security’’; and (ii) by striking ‘‘Attorney General’’ each place such term appears and inserting ‘‘Secretary of Homeland Security or the Attorney General’’; (B) in subsection (b)— (i) by striking ‘‘Not more’’ and all that follows through ‘‘asylum who—’’ and inserting ‘‘The Secretary of Homeland Security or the Attorney General, in the Secretary’s or the Attorney General’s discretion and under such regulations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who—’’; and (ii) in the matter following paragraph (5), by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security or the Attorney General’’; and (C) in subsection (c), by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security or the Attorney General’’. (2) PERSONS RESISTING COERCIVE POPULATION CONTROL METHODS.—Section 207(a) of the Immigration and Nationality Act (8 U.S.C. 1157(a)) is amended by striking paragraph (5). (h) EFFECTIVE DATES.— (1) The amendments made by paragraphs (1) and (2) of subsection (a) shall take effect as if enacted on March 1, 2003. (2) The amendments made by subsections (a)(3), (b), (c), and (d) shall take effect on the date of the enactment of this division and shall apply to applications for asylum, withholding, or other relief from removal made on or after such date. (3) The amendment made by subsection (e) shall take effect on the date of the enactment of this division and shall apply

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Applicability. 8 USC 1158 note.

8 USC 1252 note.

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