Pub. L. 104-132, tit. IV, subtit. D, sec. 442
DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS.
SEC. 442. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS. (a) Administrative Hearings.— Section 242A(b) of the Immigration and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), is amended— (1) in paragraph (2)— (A) by striking “and” at the end of subparagraph (A) and inserting “or”, and (B) by amending subparagraph (B) to read as follows: “(B) had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this section commenced.”; (2) in paragraph (3), by striking “30 calendar days” and inserting “14 calendar days”; (3) in paragraph (4)(B), by striking “proceedings” and inserting “proceedings”; (4) in paragraph (4)— 110 STAT. 1280 (A) by redesignating subparagraphs (D) and (E) as subparagraphs (F) and (G), respectively; and (B) by adding after subparagraph (C) the following new subparagraphs: “(D) such proceedings are conducted in, or translated for the alien into, a language the alien understands; “(E) a determination is made for the record at such proceedings that the individual who appears to respond in such a proceeding is an alien subject to such an expedited proceeding under this section and is, in fact, the alien named in the notice for such proceeding;”. (5) by adding at the end the following new paragraph: “(5) No alien described in this section shall be eligible for any relief from deportation that the Attorney General may want in the Attorney General’s discretion.”. (b) Limit on Judicial Review.— Subsection (d) of section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), is amended to read as follows: “(d) Notwithstanding subsection (c), a petition for review or for habeas corpus on behalf of an alien described in section 242A(c) may only challenge whether the alien is in fact an alien described in such section, and no court shall have jurisdiction to review any other issue.”. (c) Presumption of Deportability.— Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by inserting after subsection (b) the following new subsection: “(c) Presumption of Deportability.— An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States.”. (d) Effective Date.— The amendments made by this section shall become effective no later than 60 days after the publication by the Attorney General of implementing regulations that shall be published on or before January 1, 1997.