8 USC 1535 - Appeals

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

§ 1535.

Appeals

(a)

Appeal of denial of application for removal proceedings

(1)

In general

(2)

Record on appeal

(3)

Standard of review

The Court of Appeals shall—

(A)

review questions of law de novo; and

(B)

set aside a finding of fact only if such finding was clearly erroneous.

(b)

Appeal of determination regarding summary of classified information

(1)

In general

The United States may take an interlocutory appeal to the United States Court of Appeals for the District of Columbia Circuit of—

(A)

any determination by the judge pursuant to section 1534(e)(3) of this title; or

(B)

the refusal of the court to make the findings permitted by section 1534(e)(3) of this title.

(2)

Record

(c)

Appeal of decision in hearing

(1)

In general

(2)

Automatic appeals in cases of permanent resident aliens in which no summary provided

(A)

In general

(B)

Use of special attorney

(3)

Transmittal of record

In an appeal or review to the Court of Appeals pursuant to this subsection—

(A)

the entire record shall be transmitted to the Court of Appeals; and

(B)

information received in camera and ex parte, and any portion of the order that would reveal the substance or source of such information, shall be transmitted under seal.

(4)

Expedited appellate proceeding

In an appeal or review to the Court of Appeals under this subsection—

(A)

the appeal or review shall be heard as expeditiously as practicable and the court may dispense with full briefing and hear the matter solely on the record of the judge of the removal court and on such briefs or motions as the court may require to be filed by the parties;

(B)

the Court of Appeals shall issue an opinion not later than 60 days after the date of the issuance of the final order of the district court;

(C)

the court shall review all questions of law de novo; and

(D)

a finding of fact shall be accorded deference by the reviewing court and shall not be set aside unless such finding was clearly erroneous, 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 1534(c)(3) 1

 So in original. Probably should be section “1534(e)(3)”.

of this title, the Court of Appeals shall review questions of fact de novo.

(d)

Certiorari

(e)

Appeal of detention order

(1)

In general

Sections 3145 through 3148 of title 18 pertaining to review and appeal of a release or detention order, penalties for failure to appear, penalties for an offense committed while on release, and sanctions for violation of a release condition shall apply to an alien to whom section 1537(b)(1) of this title applies. In applying the previous sentence—

(A)

for purposes of section 3145 of such title an appeal shall be taken to the United States Court of Appeals for the District of Columbia Circuit; and

(B)

for purposes of section 3146 of such title the alien shall be considered released in connection with a charge of an offense punishable by life imprisonment.

(2)

No review of continued detention

(June 27, 1952, ch. 477, title V, § 505, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1263; amended Pub. L. 104–208, div. C, title III, § 354(a)(3), Sept. 30, 1996, 110 Stat. 3009–642.)

cite as: 8 USC 1535