TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
Section 309

SEC. 309. EFFECTIVE DATES; TRANSITION.

(a) In General.--Except as provided in this section and
sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of
this division, this subtitle and the amendments made by this
subtitle shall take effect on the first day of the first
month beginning more than 180 days after the date of the
enactment of this Act (in this title referred to as the
``title III-A effective date'').
(b) Promulgation of Regulations.--The Attorney General
shall first promulgate regulations to carry out this subtitle
by not later than 30 days before the title III-A effective
date.
(c) Transition for Aliens in Proceedings.--
(1) General rule that new rules do not apply.--Subject to
the succeeding provisions of this subsection, in the case of
an alien who is in exclusion or deportation proceedings as of
the title III-A effective date--
(A) the amendments made by this subtitle shall not apply,
and
(B) the proceedings (including judicial review thereof)
shall continue to be conducted without regard to such
amendments.
(2) Attorney general option to elect to apply new
procedures.--In a case described in paragraph (1) in which an
evidentiary hearing under section 236 or 242 and 242B of the
Immigration and Nationality Act has not commenced as of the
title III-A effective date, the Attorney General may elect to
proceed under chapter 4 of title II of such Act (as amended
by this subtitle). The Attorney General shall provide notice
of such election to the alien involved not later than 30 days
before the date any evidentiary hearing is commenced. If the
Attorney General makes such election, the notice of hearing
provided to the alien under section 235 or 242(a) of such Act
shall be valid as if provided under section 239 of such Act
(as amended by this subtitle) to confer jurisdiction on the
immigration judge.
(3) Attorney general option to terminate and reinitiate
proceedings.--In the case described in paragraph (1), the
Attorney General may elect to terminate proceedings in which
there has not been a final administrative decision and to
reinitiate proceedings under chapter 4 of title II the
Immigration and Nationality Act (as amended by this
subtitle). Any determination in the terminated proceeding
shall not be binding in the reinitiated proceeding.
(4) Transitional changes in judicial review.--In the case
described in paragraph (1) in which a final order of
exclusion or deportation is entered more than 30 days after
the date of the enactment of this Act, notwithstanding any
provision of section 106 of the Immigration and Nationality
Act (as in effect as of the date of the enactment of this
Act) to the contrary--
(A) in the case of judicial review of a final order of
exclusion, subsection (b) of such section shall not apply and
the action for judicial review shall be governed by the
provisions of subsections (a) and (c) of such in the same
manner as they apply to judicial review of orders of
deportation;
(B) a court may not order the taking of additional evidence
under section 2347(c) of title 28, United States Code;
(C) the petition for judicial review must be filed not
later than 30 days after the date of the final order of
exclusion or deportation;
(D) the petition for review shall be filed with the court
of appeals for the judicial circuit in which the
administrative proceedings before the special inquiry officer
or immigration judge were completed;
(E) there shall be no appeal of any discretionary decision
under section 212(c), 212(h), 212(i), 244, or 245 of the
Immigration and Nationality Act (as in effect as of the date
of the enactment of this Act);
(F) service of the petition for review shall not stay the
deportation of an alien pending the court's decision on the
petition, unless the court orders otherwise; and
(G) there shall be no appeal permitted in the case of an
alien who is inadmissible or deportable by reason of having
committed a criminal offense covered in section 212(a)(2) or
section 241(a)(2)(A)(iii), (B), (C), or (D) of the
Immigration and Nationality Act (as in effect as of the date
of the enactment of this Act), or any offense covered by
section 241(a)(2)(A)(ii) of such Act (as in effect on such
date) for which both predicate offenses are, without regard
to their date of commission, otherwise covered by section
241(a)(2)(A)(i) of such Act (as so in effect).
(5) Transitional rule with regard to suspension of
deportation.--Paragraphs (1) and (2) of section 240A(d) of
the Immigration and Nationality Act (relating to continuous
residence or physical presence) shall apply to notices to
appear issued before, on, or after the date of the enactment
of this Act.
(6) Transition for certain family unity aliens.--The
Attorney General may waive the application of section
212(a)(9) of the Immigration and Nationality Act, as inserted
by section 301(b)(1) of this division, in the case of an
alien who is provided benefits under the provisions of
section 301 of the Immigration Act of 1990 (relating to
family unity).
(7) Limitation on suspension of deportation.--The Attorney
General may not suspend the deportation and adjust the status
under section 244 of the Immigration and Nationality Act of
more than 4,000 aliens in any fiscal year (beginning after
the date of the enactment of this Act). The previous sentence
shall apply regardless of when an alien applied for such
suspension and adjustment.
(d) Transitional References.--For purposes of carrying out
the Immigration and Nationality Act, as amended by this
subtitle--
(1) any reference in section 212(a)(1)(A) of such Act to
the term ``inadmissible'' is deemed to include a reference to
the term ``excludable'', and
(2) any reference in law to an order of removal shall be
deemed to include a reference to an order of exclusion and
deportation or an order of deportation.
(e) Transition.--No period of time before the date of the
enactment of this Act shall be included in the period of 1
year described in section 212(a)(6)(B)(i) of the Immigration
and Nationality Act (as amended by section 301(c) of this
division).