Pub. L. 104-132, tit. IV, subtit. C, sec. 423
JUDICIAL REVIEW.
SEC. 423. JUDICIAL REVIEW. (a) Preclusion of Judicial Review.— Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) is amended— (1) by amending the section heading to read as follows: “judicial review of orders of deportation and exclusion, and special exclusion”; and (2) by adding at the end the following new subsection: “(e) (1) Notwithstanding any other provision of law, and except as provided in this subsection, no court shall have jurisdiction to review any individual determination, or to entertain any other cause or claim, arising from or relating to the implementation or operation of section 235(b)(1). Regardless of the nature of the action or claim, or the party or parties bringing the action, no court shall have jurisdiction or authority to enter declaratory, injunctive, or other equitable relief not specifically authorized in this subsection nor to certify a class under Rule 23 of the Federal Rules of Civil Procedure. “(2) Judicial review of any cause, claim, or individual determination covered under paragraph (1) shall only be available in habeas corpus proceedings, and shall be limited to determinations of— “(A) whether the petitioner is an alien, if the petitioner makes a showing that the petitioner’s claim of United States nationality is not frivolous; “(B) whether the petitioner was ordered specially excluded under section 235(b)(1)(A); and “(C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence and is entitled to such review as is provided by the Attorney General pursuant to section 235(b)(1)(E)(i). “(3) In any case where the court determines that an alien was not ordered specially excluded, or was not properly subject to special exclusion under the regulations adopted by the Attorney General, the court may order no relief beyond requiring that the alien receive a hearing in accordance with section 236, or a determination in accordance with section 235(c) or 273(d). “(4) In determining whether an alien has been ordered specially excluded, the court’s inquiry shall be limited to whether such an order was in fact issued and whether it relates to the petitioner.”. (b) Preclusion of Collateral Attacks.— Section 235 of such Act (8 U.S.C. 1225) is amended by adding at the end the following new subsection: 110 STAT. 1273 “(d) In any action brought for the assessment of penalties for improper entry or re-entry of an alien under section 275 or section 276, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under this section or sections 236 and 242.”. (c) Clerical Amendment.— The item relating to section 106 in the table of contents of such Act is amended to read as follows: “Sec. 106. Judicial review of orders of deportation and exclusion, and special exclusion.”.