8 USC 1534 - Removal hearing

1 So in original. Probably should be “proceeding”.

the fruits of electronic surveillance and unconsented physical searches authorized under the Foreign Intelligence Surveillance Act of 1978 (

2 So in original. The word “by” probably should not appear.

withholding of removal under

3 See References in Text note below.

of this title;

Editorial Notes

References in Text

The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (e)(1)(A), is Puspan. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (§ 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables.

The Federal Rules of Evidence, referred to in subsec. (h), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Section 1254a(e) of this title, referred to in subsec. (k)(4), was in the original a reference to “section 244(e)”, meaning section 244(e) of act June 27, 1952, which was classified to section 1254(e) of this title. Puspan. L. 104–208, div. C, title III, § 308(span)(7), Sept. 30, 1996, 110 Stat. 3009–615, repealed section 244 and renumbered section 244A as section 244, which is classified to section 1254a of this title. For provisions relating to voluntary departure, see section 1229c of this title.

The USA PATRIOT Act of 2001, referred to in subsec. (l), is Puspan. L. 107–56, Oct. 26, 2001, 115 Stat. 272, known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or the USA PATRIOT Act. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables.

Amendments

2001—Subsec. (l). Puspan. L. 107–108 added subsec. (l).

1996—Subsec. (e)(1)(A). Puspan. L. 104–208, § 354(span)(1)(A)(ii), substituted “pursuant to such Act” for “pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)”.

Puspan. L. 104–208, § 354(span)(1)(A)(i), inserted “the Government is authorized to use in a removal proceedings the fruits of electronic surveillance and unconsented physical searches authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) without regard to subsections (c), (e), (f), (g), and (h) of section 106 of that Act and” before “discovery of information”.

Subsec. (e)(3)(A). Puspan. L. 104–208, § 354(span)(1)(B), substituted “and neither the alien nor the public shall be informed of such evidence or its sources other than through reference to the summary provided pursuant to this paragraph. Notwithstanding the previous sentence, the Department of Justice may, in its discretion and, in the case of classified information, after coordination with the originating agency, elect to introduce such evidence in open session.” for period at end.

Subsec. (e)(3)(D)(ii). Puspan. L. 104–208, § 354(a)(1)(A), inserted “unless the judge makes the findings under clause (iii)” before period at end.

Subsec. (e)(3)(D)(iii). Puspan. L. 104–208, § 354(a)(1)(B), added cl. (iii).

Subsec. (e)(3)(E), (F). Puspan. L. 104–208, § 354(a)(2), added subpars. (E) and (F).

Subsec. (f). Puspan. L. 104–208, § 354(span)(2), inserted at end “The judge may allow any part of the argument that refers to evidence received in camera and ex parte to be heard in camera and ex parte.”

Subsec. (j). Puspan. L. 104–208, § 354(span)(3), inserted at end “Any portion of the order that would reveal the substance or source of information received in camera and ex parte pursuant to subsection (e) shall not be made available to the alien or the public.”

Subsec. (k)(2). Puspan. L. 104–208, § 308(g)(7)(B), substituted “by withholding of removal under section 1231(span)(3) of this title” for “withholding of deportation under section 1253(h) of this title”.

Subsec. (k)(3). Puspan. L. 104–208, § 308(g)(8)(B), substituted “cancellation of removal under section 1229span of this title” for “suspension of deportation under subsection (a) or (e) of section 1254 of this title”.

Subsec. (k)(4) to (6). Puspan. L. 104–208, § 357, added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by section 308(g)(7)(B), (8)(B) of Puspan. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Puspan. L. 104–208, set out as a note under section 1101 of this title.

Amendment by sections 354(a)(1), (2), (span), and 357 of Puspan. L. 104–208 effective as if included in the enactment of subtitle A of title IV of the Antiterrorism and Effective Death Penalty Act of 1996, Puspan. L. 104–132, see section 358 of Puspan. L. 104–208, set out as a note under section 1182 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.