§ 1535. Appeals
(a)
Appeal of denial of application for removal proceedings
(1)
In general
The Attorney General may seek a review of the denial of an order sought in an application filed pursuant to section
1533 of this title. The appeal shall be filed in the United States Court of Appeals for the District of Columbia Circuit by notice of appeal filed not later than 20 days after the date of such denial.
(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—
(2)
Record
In any interlocutory appeal taken pursuant to this subsection, the entire record, including any proposed order of the judge, any classified information and the summary of evidence, shall be transmitted to the Court of Appeals. The classified information shall be transmitted under seal. A verbatim record of such appeal shall be kept under seal in the event of any other judicial review.
(c)
Appeal of decision in hearing
(1)
In general
Subject to paragraph (2), the decision of the judge after a removal hearing may be appealed by either the alien or the Attorney General to the United States Court of Appeals for the District of Columbia Circuit by notice of appeal filed not later than 20 days after the date on which the order is issued. The order shall not be enforced during the pendency of an appeal under this subsection.
(2)
Automatic appeals in cases of permanent resident aliens in which no summary provided
(A)
In general
Unless the alien waives the right to a review under this paragraph, in any case involving an alien lawfully admitted for permanent residence who is denied a written summary of classified information under section
1534
(e)(3) of this title and with respect to which the procedures described in section
1534
(e)(3)(F) of this title apply, any order issued by the judge shall be reviewed by the Court of Appeals for the District of Columbia Circuit.
(B)
Use of special attorney
With respect to any issue relating to classified information that arises in such review, the alien shall be represented only by the special attorney designated under section
1534
(e)(3)(F)(i) of this title on behalf of the alien.
(3)
Transmittal of record
In an appeal or review to the Court of Appeals pursuant to this subsection—
(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;
(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] of this title, the Court of Appeals shall review questions of fact de novo.
(d)
Certiorari
Following a decision by the Court of Appeals pursuant to subsection (c) of this section, the alien or the Attorney General may petition the Supreme Court for a writ of certiorari. In any such case, any information transmitted to the Court of Appeals under seal shall, if such information is also submitted to the Supreme Court, be transmitted under seal. Any order of removal shall not be stayed pending disposition of a writ of certiorari, except as provided by the Court of Appeals or a Justice of the Supreme Court.
(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—
(2)
No review of continued detention
The determinations and actions of the Attorney General pursuant to section
1537
(b)(2)(C) of this title shall not be subject to judicial review, including application for a writ of habeas corpus, except for a claim by the alien that continued detention violates the alien’s rights under the Constitution. Jurisdiction over any such challenge shall lie exclusively in the United States Court of Appeals for the District of Columbia Circuit.
[1] So in original. Probably should be section “1534(e)(3)”.