 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 8. ALIENS AND NATIONALITY |
|
Chapter 12. IMMIGRATION AND NATIONALITY |
|
SubChapter V. ALIEN TERRORIST REMOVAL PROCEDURES |
§ 1534. Removal hearing
-
(a) In general (1) Expeditious hearing In any case in which an application for an order is approved under section 1533(c)(2) of this title, a removal hearing shall be conducted under this section as expeditiously as practicable for the purpose of determining whether the alien to whom the order pertains should be removed from the United States on the grounds that the alien is an alien terrorist.
(2) Public hearing The removal hearing shall be open to the public.
(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 The alien shall have a right to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent the alien. Such counsel shall be appointed by the judge pursuant to the plan for furnishing representation for any person financially unable to obtain adequate representation for the district in which the hearing is conducted, as provided for in section 3006A of title 18. All provisions of that section shall apply and, for purposes of determining the maximum amount of compensation, the matter shall be treated as if a felony was charged.
(2) Introduction of evidence Subject to the limitations in subsection (e) of this section, the alien shall have a reasonable opportunity to introduce evidence on the alien’s own behalf.
(3) Examination of witnesses Subject to the limitations in subsection (e) of this section, the alien shall have a reasonable opportunity to examine the evidence against the alien and to cross-examine any witness.
(4) Record A verbatim record of the proceedings and of all testimony and evidence offered or produced at such a hearing shall be kept.
(5) Removal decision based on evidence at hearing The decision of the judge regarding removal shall be based only on that evidence introduced at the removal hearing.
(d) Subpoenas (1) Request At any time prior to the conclusion of the removal hearing, either the alien or the Department of Justice may request the judge to issue a subpoena for the presence of a named witness (which subpoena may also command the person to whom it is directed to produce books, papers, documents, or other objects designated therein) upon a satisfactory showing that the presence of the witness is necessary for the determination of any material matter. Such a request may be made ex parte except that the judge shall inform the Department of Justice of any request for a subpoena by the alien for a witness or material if compliance with such a subpoena would reveal classified evidence or the source of that evidence. The Department of Justice shall be given a reasonable opportunity to oppose the issuance of such a subpoena.
(2) Payment for attendance If an application for a subpoena by the alien also makes a showing that the alien is financially unable to pay for the attendance of a witness so requested, the court may order the costs incurred by the process and the fees of the witness so subpoenaed to be paid from funds appropriated for the enforcement of subchapter II of this chapter.
(3) Nationwide service A subpoena under this subsection may be served anywhere in the United States.
(4) Witness fees A witness subpoenaed under this subsection shall receive the same fees and expenses as a witness subpoenaed in connection with a civil proceeding in a court of the United States.
(5) No access to classified information Nothing in this subsection is intended to allow an alien to have 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 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 Not later than 3 months from
December 28, 2001 , the Attorney General shall submit to Congress a report concerning the effect and efficacy of alien terrorist removal proceedings, including the reasons why proceedings pursuant to this section have not been used by the Attorney General in the past and the effect on the use of these proceedings after the enactment of the USA PATRIOT Act of 2001 (Public Law 107–56).
References In Text
The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (e)(1)(A), is Pub. L. 95–511,
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
The USA PATRIOT Act of 2001, referred to in subsec. (l), is Pub. L. 107–56,
Amendments
2001—Subsec. (l). Pub. L. 107–108 added subsec. (l).
1996—Subsec. (e)(1)(A). Pub. L. 104–208, § 354(b)(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.)”.
Pub. L. 104–208, § 354(b)(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). Pub. L. 104–208, § 354(b)(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). Pub. 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). Pub. L. 104–208, § 354(a)(1)(B), added cl. (iii).
Subsec. (e)(3)(E), (F). Pub. L. 104–208, § 354(a)(2), added subpars. (E) and (F).
Subsec. (f). Pub. L. 104–208, § 354(b)(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). Pub. L. 104–208, § 354(b)(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) of this section shall not be made available to the alien or the public.”
Subsec. (k)(2). Pub. L. 104–208, § 308(g)(7)(B), substituted “by withholding of removal under section 1231(b)(3) of this title” for “withholding of deportation under section 1253(h) of this title”.
Subsec. (k)(3). Pub. L. 104–208, § 308(g)(8)(B), substituted “cancellation of removal under section 1229b of this title” for “suspension of deportation under subsection (a) or (e) of section 1254 of this title”.
Subsec. (k)(4) to (6). Pub. L. 104–208, § 357, added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.
Effective Date Of Amendment
Amendment by section 308(g)(7)(B), (8)(B) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after
Amendment by sections 354(a)(1), (2), (b), and 357 of Pub. 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, Pub. L. 104–132, see section 358 of Pub. L. 104–208, set out as a note under section 1182 of this title.
Miscellaneous
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.