CRIMINAL ALIEN REMOVAL.

SEC. 440. CRIMINAL ALIEN REMOVAL. (a) Judicial Review.— Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as follows: “(10) Any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 24l(a)(2)(A)(ii) for which both predi-110 STAT. 1277cate offenses are covered by section 241(a)(2)(A)(i), shall not be subject to review by any court.”. (b) Final Order of Deportation Defined.— Section 101(a) of such Act (8 U.S.C. 1101(a)) is amended by adding at the end the following new paragraph: “(47) (A) The term ‘order of deportation’ means the order of the special inquiry officer, or other such administrative officer to whom the Attorney General has delegated the responsibility for determining whether an alien is deportable, concluding that the alien is deportable or ordering deportation. “(B) The order described under subparagraph (A) shall become final upon the earlier of— “(i) a determination by the Board of Immigration Appeals affirming such order; or “(ii) the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration Appeals.”. (c) Arrest and Custody.— Section 242(a)(2) of such Act is amended— (1) in subparagraph (A)— (A) by striking “(2)(A) The Attorney” and inserting “(2) The Attorney”; (B) by striking “an aggravated felony upon” and all that follows through “of the same offense)” and inserting “any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), of any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), upon release of the alien from incarceration, shall deport the alien as expeditiously as possible”; and (C) by striking “but subject to subparagraph (B)”; and (2) by striking subparagraph (B). (d) Classes of Excludable Aliens.— Section 212(c) of such Act (8 U.S.C. 1182(c)) is amended— (1) by striking “The first sentence of this” and inserting “This”; and (2) by striking “has been convicted of one or more aggravated felonies” and all that follows through the end and inserting “is deportable by reason of having committed any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).”. (e) Aggravated Felony Defined.— Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103–416), is amended— (1) in subparagraph (J), by inserting “, or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses),” after “corrupt organizations)”; (2) in subparagraph (K)— (A) by striking “or” at the end of clause (i), (B) by redesignating clause (ii) as clause (iii), and (C) by inserting after clause (i) the following new clause: “(ii) is described in section 2421, 2422, or 2423 of title 18, United States Code (relating to transpor-110 STAT. 1278tation for the purpose of prostitution) for commercial advantage; or”; (3) by amending subparagraph (N) to read as follows: “(N) an offense described in paragraph (1)(A) or (2) of section 274(a) (relating to alien smuggling) for which the term of imprisonment imposed (regardless of any suspension of imprisonment) is at least 5 years;”; (4) by amending subparagraph (O) to read as follows: “(O) an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and (ii) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 18 months;”; (5) in subparagraph (P), by striking “15 years” and inserting “5 years”, and by striking “and” at the end; (6) by redesignating subparagraphs (O), (P), and (Q) as subparagraphs (P), (Q), and (U), respectively; (7) by inserting after subparagraph (N) the following new subparagraph: “(O) an offense described in section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph;”; and (8) by inserting after subparagraph (Q), as so redesignated, the following new subparagraphs: “(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of 5 years’ imprisonment or more may be imposed; “(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which a sentence of 5 years’ imprisonment or more may be imposed; “(T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years’ imprisonment or more may be imposed; and”. (f) Effective Date.— The amendments made by subsection (e) shall apply to convictions entered on or after the date of the enactment of this Act, except that the amendment made by subsection (e)(3) shall take effect as if included in the enactment of section 222 of the Immigration and Nationality Technical Corrections Act of 1994. (g) Deportation of Criminal Aliens.— Section 242A(a) of such Act (8 U.S.C. 1252a) is amended— (1) in paragraph (1)— (A) by striking “aggravated felonies (as defined in section 101(a)(43) of this title)” and inserting “any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).”; and (B) by striking “, where warranted,”; (2) in paragraph (2), by striking “aggravated felony” and all that follows through “before any scheduled hearings.” and 110 STAT. 1279inserting “any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).”. (h) Deadlines for Deporting Alien.— Section 242(c) of such Act (8 U.S.C. 1252(c)) is amended— (1) by striking “(c) When a final order” and inserting “(c)(1) Subject to paragraph (2), when a final order”; and (2) by inserting at the end the following new paragraph: “(2) When a final order of deportation under administrative process is made against any alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D) or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), the Attorney General shall have 30 days from the date of the order within which to effect the alien’s departure from the United States. The Attorney General shall have sole and unreviewable discretion to waive the foregoing provision for aliens who are cooperating with law enforcement authorities or for purposes of national security.”.