The law › Title 8, Aliens and Nationality › Chapter 12
8 U.S.C. 1252: Judicial review of orders of removal
Created in 1981 by Public Law 97-116. Changed by 11 later laws. 1 new law this Congress changed it.
6 other sections of the Code cite this one, including 8 U.S.C. 1153, 8 U.S.C. 1182, 8 U.S.C. 1228, 8 U.S.C. 1229a, 8 U.S.C. 1255a.
13 parts of federal rules cite it as their authority, written by Department of Homeland Security (7), Executive Office for Immigration Review, Department of Justice (5), Department of Justice and Department of State (1).
- past change
- enacted this Congress
- proposed
This Congress
- S. 5 Laken Riley Act · became law · changed (f)
How it got here
2005
- Pub. L. 109–13, §106(a)(1)(A)(i), inserted "(statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title" after "Notwithstanding any other provision of law" in introductory provisions. (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (a)
- Pub. L. 109–13, §106(a)(1)(A)(ii), inserted "(statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in subparagraph (D)" after "Notwithstanding any other provision of … (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (a)
- Pub. L. 109–13, §101(f)(2), inserted "and regardless of whether the judgment, decision, or action is made in removal proceedings," before "no court shall" in introductory provisions. (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (a)
- Pub. L. 109–13, §101(f)(1), inserted "or the Secretary of Homeland Security" after "Attorney General" in two places. (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (a)
- Pub. L. 109–13, §106(a)(1)(A)(ii), inserted "(statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in subparagraph (D)" after "Notwithstanding any other provision of … (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (a)
- Pub. L. 109–13, §106(a)(1)(A)(iii), added subpar. (D). (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (a)
- Pub. L. 109–13, §106(a)(1)(B), added pars. (4) and (5). (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (a), (5)
- Pub. L. 109–13, §101(e), added concluding provisions. (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (b)
- Pub. L. 109–13, §106(a)(2), inserted at end "Except as otherwise provided in this section, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28 or any other habeas corpus provision, by section 1361 or 1651 of such title, or by any other provision of law … (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (b)
- Pub. L. 109–13, §106(a)(3), inserted "(statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title" after "notwithstanding any other provision of law". (Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005) Law text · (g)
1996
- Pub. L. 104–208, §306(a)(2), amended section generally, substituting subsecs. (a) to (g) relating to judicial review of orders of removal for former subsecs. (a) to (i) relating to apprehension and deportation of aliens. (Magnuson-Stevens Fishery Conservation and Management Act) Law text
- Pub. L. 104–132, §440(c)(2), struck out subpar. (B) which read as follows: "The Attorney General may not release from custody any lawfully admitted alien who has been convicted of an aggravated felony, either before or after a determination of deportability, unless the alien demonst… (Antiterrorism and Effective Death Penalty Act of 1996) Law text · (a)
- Pub. L. 104–132, §440(c)(1)(C), struck out "but subject to subparagraph (B)" before ", the Attorney General shall not release". (Antiterrorism and Effective Death Penalty Act of 1996) Law text · (a)
- Pub. L. 104–132, §440(c)(1)(B), as amended by Pub. L. 104–208, §§306(d), 308(g)(10)(H), substituted "any criminal offense covered in section 1251(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, w… (Antiterrorism and Effective Death Penalty Act of 1996) Law text · (a)
- Pub. L. 104–132, §440(c)(1)(A), substituted "(2) The Attorney" for "(2)(A) The Attorney". (Antiterrorism and Effective Death Penalty Act of 1996) Law text · (a)
- Pub. L. 104–208, §371(b)(6), substituted "An immigration judge" for "A special inquiry officer", "an immigration judge" for "a special inquiry officer" in two places, and "immigration judge" for "special inquiry officer" wherever appearing. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (b)
- Pub. L. 104–132, §436(a), inserted before period at end of second sentence "; except that nothing in this subsection shall preclude the Attorney General from authorizing proceedings by electronic or telephonic media (with the consent of the alien) or, where waived or agreed to by the parties, in th… (Antiterrorism and Effective Death Penalty Act of 1996) Law text · (b)
- Pub. L. 104–132, §440(h)(1), designated existing provisions of subsec. (c) as par. (1) and substituted "Subject to paragraph (2), when a final order" for "When a final order". (Antiterrorism and Effective Death Penalty Act of 1996) Law text · (c)
- Pub. L. 104–132, §440(h)(2), as amended by Pub. L. 104–208, §§306(d), 308(g)(10)(H), added par. (2). (Antiterrorism and Effective Death Penalty Act of 1996) Law text · (c)
- Pub. L. 104–132, §438(a), amended subsec. (h) generally, restating prior single par. as par. (1) and adding pars. (2) and (3) authorizing the Attorney General to deport an alien prior to the completion of a sentence of imprisonment and requiring notice to deported aliens of penalties f… (Antiterrorism and Effective Death Penalty Act of 1996) Law text · (h)
- Pub. L. 104–132, §436(b)(1), inserted at end "Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person." (Antiterrorism and Effective Death Penalty Act of 1996) Law text · (i)
- Pub. L. 104–208, §306(a)(1), redesignated subsec. (j) as subsec. (i) of section 1231 of this title. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (j)
1994
- Pub. L. 103–416, §224(b), substituted "Except as provided in section 1252a(d) of this title, the" for "The" in ninth sentence. · (b)
- Pub. L. 103–322, §130001(a), struck out "paragraph (2), (3), or (4) of" before "section 1251(a) of this title" and substituted "shall be imprisoned not more than four years, or shall be imprisoned not more than ten years if the alien is a member of any of the classes described in parag… · (e)
- Pub. L. 103–416, §219(h), substituted "Parole," for "Parole,,". · (h)
- Pub. L. 103–322, §20301(a), added subsec. (j). · (j)
1991
- Pub. L. 102–232, §306(a)(4), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "The Attorney General shall release from custody an alien who is lawfully admitted for permanent residence on bond or such other conditions as the Attorney General may pre… · (a)
- Pub. L. 102–232, §306(c)(7), amended eighth sentence generally, substituting "Such regulations shall include requirements that are consistent with section 1252b of this title and that provide that—" and pars. (1) to (4) for "Such regulations shall include requirements consistent with s… · (b)
- Pub. L. 102–232, §307(m)(2), substituted "paragraph (2), (3), or (4)" for "paragraphs (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)". · (e)
- Pub. L. 102–232, §309(b)(9), inserted a comma after "Parole". · (h)
1990
- Pub. L. 101–649, §504(a), designated existing text as subpar. (A), substituted "upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the… · (a)
- Pub. L. 101–649, §603(b)(2)(A), substituted "(2), (3), or (4)" for "(4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)". · (b)
- Pub. L. 101–649, §545(e), amended eighth sentence generally. Prior to amendment, eighth sentence read as follows: "Such regulations shall include requirements that— · (b)
- Pub. L. 101–649, §603(b)(2)(B), which directed the substitution of "paragraph (2), (3) or (4)" for "paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)", could not be executed because the quoted language differed from the text. See 1991 Amendment note above. · (e)
1988
- Pub. L. 100–690 designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), any" for "Any", redesignated cls. (1) to (3) as (A) to (C), respectively, and added pars. (2) and (3). · (a)
- Pub. L. 100–525 struck out "or from September 23, 1950, whichever is the later," after "from the date of the final order of the court,". · (e)
1986
- Pub. L. 99–603 added subsec. (i). · (i)
1984
- Pub. L. 98–473, which directed that "supervised release," be inserted after "parole,", was executed by inserting "supervised release," after "Parole," to reflect the probable intent of Congress. · (h)
1981
- Pub. L. 97–116, §18(h)(1)(A), substituted "(18), or (19)" for "or (18)" in provision following par. (4). · (b)
- Pub. L. 97–116, §18(h)(1)(B), substituted "(18), or (19)" for "or (18)". · (e)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.