8 USC 1534 - Removal hearing

U.S Code last checked for updates: Nov 22, 2024

§ 1534.

Removal hearing

(a)

In general

(1)

Expeditious hearing

(2)

Public hearing

(b)

Notice

An alien who is the subject of a removal hearing under this subchapter shall be given reasonable notice of—

(1)

the nature of the charges against the alien, including a general account of the basis for the charges; and

(2)

the time and place at which the hearing will be held.

(c)

Rights in hearing

(1)

Right of counsel

(2)

Introduction of evidence

(3)

Examination of witnesses

(4)

Record

(5)

Removal decision based on evidence at hearing

(d)

Subpoenas

(1)

Request

(2)

Payment for attendance

(3)

Nationwide service

(4)

Witness fees

(5)

No access to classified information

(e)

Discovery

(1)

In general

For purposes of this subchapter—

(A)

the Government is authorized to use in a removal proceedings 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 (50 U.S.C. 1801 et seq.) without regard to subsections (c), (e), (f), (g), and (h) of section 106 of that Act [50 U.S.C. 1806(c), (e), (f), (g), (h)] and discovery of information derived pursuant to such Act, or otherwise collected for national security purposes, shall not be authorized if disclosure would present a risk to the national security of the United States;

(B)

an alien subject to removal under this subchapter shall not be entitled to suppress evidence that the alien alleges was unlawfully obtained; and

(C)

section 3504 of title 18 and section 1806(c) of title 50 shall not apply if the Attorney General determines that public disclosure would pose a risk to the national security of the United States because it would disclose classified information or otherwise threaten the integrity of a pending investigation.

(2)

Protective orders

(3)

Treatment of classified information

(A)

Use

(B)

Submission

(C)

Approval

(D)

Disapproval

(i)

In general

(ii)

Revised summary

(iii)

Findings

The findings described in this clause are, with respect to an alien, that—

(I)

the continued presence of the alien in the United States would likely cause serious and irreparable harm to the national security or death or serious bodily injury to any person, and

(II)

the provision of the summary would likely cause serious and irreparable harm to the national security or death or serious bodily injury to any person.

(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, imprisoned for not less than 10 years nor more than 25 years, or both.

(f)

Arguments

(g)

Burden of proof

(h)

Rules of evidence

(i)

Determination of deportation

(j)

Written order

(k)

No right to ancillary relief

At no time shall the judge consider or provide for relief from removal based on—

(1)

asylum under section 1158 of this title;

(2)

by 2

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

withholding of removal under section 1231(b)(3) of this title;

(3)

cancellation of removal under section 1229b of this title;

(4)

voluntary departure under section 1254a(e) 3

 See References in Text note below.

of this title;

(5)

adjustment of status under section 1255 of this title; or

(6)

registry under section 1259 of this title.

(l)

Report on terrorist removal proceedings

(June 27, 1952, ch. 477, title V, § 504, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1260; amended Pub. L. 104–208, div. C, title III, §§ 308(g)(7)(B), (8)(B), 354(a)(1), (2), (b), 357, Sept. 30, 1996, 110 Stat. 3009–623, 3009–624, 3009–641 to 3009–644; Pub. L. 107–108, title III, § 313, Dec. 28, 2001, 115 Stat. 1401.)

cite as: 8 USC 1534