S.Amdt. 3491

1. Adds TITLE VII--IMMIGRATION LITIGATION REDUCTION at the end of the bill

   Adds a title

   In S. 2454 · Placed on Calendar Senate

   The Attorney General, in consultation with the Secretary, shall, as soon as practicable but not later than 90 days after the date of the enactment of this Act, submit to Congress a draft of any technical and conforming changes in the Immigration and Nationality Act which are necessary to reflect the changes in the substantive provisions of law made by the Homeland Security Act of 2002, this Act, or any other provision of law.

   Inserted: TITLE VII--IMMIGRATION LITIGATION REDUCTION

   Inserted: SEC. 701. CONSOLIDATION OF IMMIGRATION APPEALS.

   Inserted: (a) Reapportionment of Circuit Court Judges.--The table in section 44(a) of title 28, United States Code, is amended in the item relating to the Federal Circuit by striking "12" and inserting "15".

   Inserted: (b) Review of Orders of Removal.--Section 242(b) (8 U.S.C. 1252(b)) is amended--

   Inserted: (1) in paragraph (2), by striking the first sentence and inserting "The petition for review shall be filed with the United States Court of Appeals for the Federal Circuit.";

   Inserted: (2) in paragraph (5)(B), by adding at the end the following: "Any appeal of a decision by the district court under this paragraph shall be filed with the United States Court of Appeals for the Federal Circuit."; and

   Inserted: (3) in paragraph (7), by amending subparagraph (C) to read as follows:

   Inserted: "(C) Consequence of invalidation and venue of appeals.--

   Inserted: "(i) Invalidation.--If the district court rules that the removal order is invalid, the court shall dismiss the indictment for violation of section 243(a).

   Inserted: "(ii) Appeals.--The United States Government may appeal a dismissal under clause (i) to the United States Court of Appeals for the Federal Circuit within 30 days after the date of the dismissal. If the district court rules that the removal order is valid, the defendant may appeal the district court decision to the United States Court of Appeals for the Federal Circuit within 30 days after the date of completion of the criminal proceeding.".

   Inserted: (c) Review of Orders Regarding Inadmissable Aliens.--Section 242(e) (8 U.S.C. 1252(e)) is amended by adding at the end the following new paragraph:

   Inserted: "(6) Venue.--The petition to appeal any decision by the district court pursuant to this subsection shall be filed with the United States Court of Appeals for the Federal Circuit.".

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   Inserted: (d) Exclusive Jurisdiction.--Section 242(g) (8 U.S.C. 1252(g)) is amended--

   Inserted: (1) by striking "Except"; and inserting the following:

   Inserted: "(1) In general.--Except"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(2) Appeals.--Notwithstanding any other provision of law, the United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction to review a district court order arising from any action taken, or proceeding brought, to remove or exclude an alien from the United States, including a district court order granting or denying a petition for writ of habeas corpus.".

   Inserted: (e) Jurisdiction of the United States Court of Appeals for the Federal Circuit.--

   Inserted: (1) Exclusive jurisdiction.--Section 1295(a) of title 28, United States Code, is amended by adding at the end the following new paragraph: "(15) of an appeal to review a final administrative order or a district court decision arising from any action taken, or proceeding brought, to remove or exclude an alien from the United States.".

   Inserted: (2) Conforming amendments.--Such section 1295(a) is further amended--

   Inserted: (A) in paragraph (13), by striking "and"; and

   Inserted: (B) in paragraph (14), by striking the period at the end and inserting a semicolon and "and".

   Inserted: (f) Authorization of Appropriations.--There are authorized to be appropriated to the United States Court of Appeals for the Federal Circuit for each of the fiscal years 2007 through 2011 such sums as may be necessary to carry out this subsection, including the hiring of additional attorneys for the such Court.

   Inserted: (g) Effective Date.--The amendments made by this section shall take effect upon the date of enactment of this Act and shall apply to any final agency order or district court decision entered on or after the date of enactment of this Act.

   Inserted: SEC. 702. CERTIFICATE OF REVIEWABILITY.

   Inserted: (a) Briefs.--Section 242(b)(3)(C) (8 U.S.C. 1252(b)(3)(C)) is amended to read as follows:

   Inserted: "(C) Briefs.--

   Inserted: "(i) 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. The court may not extend this deadline except upon motion for good cause shown. If an alien fails to file a brief within the time provided in this subparagraph, the court shall dismiss the appeal unless a manifest injustice would result.

   Inserted: "(ii) United states brief.--The United States shall not be afforded an opportunity to file a brief in response to the alien's brief until a judge issues a certificate of reviewability as provided in subparagraph (D), unless the court requests the United States to file a reply brief prior to issuing such certification.".

   Inserted: (b) Certificate of Reviewability.--Section 242(b)(3) (8 U.S.C. 1252 (b)(3)) is amended by adding at the end the following new subparagraphs:

   Inserted: "(D) Certificate of reviewability.--

   Inserted: "(i) After the alien has filed a brief, the petition for review shall be assigned to one judge on the Federal Circuit Court of Appeals.

   Inserted: "(ii) Unless such judge issues a certificate of reviewability, the petition for review shall be denied and the United States may not file a brief.

   Inserted: "(iii) Such judge may not issue a certificate of reviewability under clause (ii) unless the petitioner establishes a prima facie case that the petition for review should be granted.

   Inserted: "(iv) Such judge shall complete all action on such certificate, including rendering judgment, not later than 60 days after the date on which the judge is assigned the petition for review, unless an extension is granted under clause (v).

   Inserted: "(v) Such judge may grant, on the judge's own motion or on the motion of a party, an extension of the 60-day period described in clause (iv) if--

   Inserted: "(I) all parties to the proceeding agree to such extension; or

   Inserted: "(II) such extension is for good cause shown or in the interests of justice, and the judge states the grounds for the extension with specificity.

   Inserted: "(vi) If no certificate of reviewability is issued before the end of the period described in clause (iv), including any extension under clause (v), the petition for review shall be denied, any stay or injunction on petitioner's removal shall be dissolved without further action by the court or the Government, and the alien may be removed.

   Inserted: "(vii) If such judge issues a certificate of reviewability under clause (ii), the Government shall be afforded an opportunity to file a brief in response to the alien's brief. The alien may serve and file a reply brief not later than 14 days after service of the Government brief, and the court may not extend this deadline except upon motion for good cause shown.

   Inserted: "(E) No further review of decision not to issue a certificate of reviewability.--The decision of a judge on the Federal Circuit Court of Appeals not to issue a certificate of reviewability or to deny a petition for review, shall be the final decision for the Federal Circuit Court of Appeals and may not be reconsidered, reviewed, or reversed by the such Court through any mechanism or procedure.".

   Original wording

   At the end, add the following:

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As printed