article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Immigration Litigation Act''. SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL. (a) In General.--Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraphs (A), (B), and (C), by inserting ``(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code'' after ``Notwithstanding any other provision of law''; and (ii) by adding at the end the following: ``(D) Judicial review of certain legal claims.-- Nothing in this paragraph shall be construed as precluding consideration by the circuit courts of appeals of constitutional claims or pure questions of law raised upon petitions for review filed in accordance with this section. Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or, except as provided in subsection (e), any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code, such petitions for review shall be the sole and exclusive means of raising any and all claims with respect to orders of removal entered or issued under any provision of this Act.''; and (B) by adding at the end the following: ``(4) Claims under the united nations convention.-- Notwithstanding any other provision of law (statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code, a petition for review by the circuit courts of appeals filed in accordance with this section is the sole and exclusive means of judicial review of claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. ``(5) Exclusive means of review.--The judicial review specified in this subsection shall be the sole and exclusive means for review by any court of an order of removal entered or issued under any provision of this Act. For purposes of this title, in every provision that limits or eliminates judicial review or jurisdiction to review, the terms `judicial review' and `jurisdiction to review' include habeas corpus review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, sections 1361 and 1651 of title 28, United States Code, and review pursuant to any other provision of law.''; (2) in subsection (b)-- (A) in paragraph (3)(B), by inserting ``pursuant to subsection (f)'' after ``unless''; and (B) in paragraph (9), by adding at the end the following: ``Except as otherwise provided in this subsection, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28, United States Code, or any other habeas corpus provision, by section 1361 or 1651 of title 28, United States Code, or by any other provision of law (statutory or nonstatutory), to hear any cause or claim subject to these consolidation provisions.''; (3) in subsection (f)(2), by inserting ``or stay, by temporary or permanent order, including stays pending judicial review,'' after ``no court shall enjoin''; and (4) in subsection (g), by inserting ``(statutory and nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of title 28, United States Code'' after ``notwithstanding any other provision of law''. (b) Effective Date.--The amendments made by subsection (a) shall take effect upon the date of enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of enactment of this Act. SEC. 3. CONSOLIDATION OF APPEALS. (a) In General.--Section 242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(2)), is amended by striking the first sentence and inserting the following: ``The petition for review shall be filed with the court of appeals for the Federal Circuit.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any final agency order that was entered on or after the date of enactment of this Act. SEC. 4. ADDITIONAL REMOVAL AUTHORITIES. (a) In General.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended-- (1) in paragraph (1)-- (A) in each of subparagraphs (A) and (B), by striking the period at the end and inserting ``unless, in the opinion of the Secretary of Homeland Security, removing the alien to such country would be prejudicial to the United States.''; and (B) by amending subparagraph (C) to read as follows: ``(C) Alternative countries.--If the alien is not removed to a country designated in subparagraph (A) or (B), the Secretary of Homeland Security shall remove the alien to-- ``(i) the country of which the alien is a citizen, subject, or national, where the alien was born, or where the alien has a residence, unless the country physically prevents the alien from entering the country upon the alien's removal there; or ``(ii) any country whose government will accept the alien into that country.''; and (2) in paragraph (2)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (B) by amending subparagraph (D) to read as follows: ``(D) Alternative countries.--If the alien is not removed to a country designated under subparagraph (A)(i), the Secretary of Homeland Security shall remove the alien to a country of which the alien is a subject, national, or citizen, where the alien was born, or where the alien has a residence, unless-- ``(i) such country physically prevents the alien from entering the country upon the alien's removal there; or ``(ii) in the opinion of the Secretary of Homeland Security, removing the alien to the country would be prejudicial to the United States.''; and (C) by amending subparagraph (E)(vii) to read as follows: ``(vii) Any country whose government will accept the alien into that country.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any deportation, exclusion, or removal on or after such date pursuant to any deportation, exclusion, or removal order, regardless of whether such order is administratively final before, on, or after such date. SEC. 5. BURDEN OF PROOF. (a) Conditions for Granting Asylum.--Section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended-- (1) in paragraph (1), by striking ``The Attorney General'' and inserting the following: ``(A) Eligibility.--The Secretary of Homeland Security or the Attorney General''; and (2) by adding at the end the following: ``(B) Burden of proof.--The burden of proof is on the applicant to establish that the applicant is a refugee within the meaning of section 101(a)(42)(A). To establish that the applicant is a refugee within the meaning of this Act, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be the central motive for persecuting the applicant. The testimony of the applicant, only if it is credible, is persuasive, and refers to specific facts that demonstrate that the applicant is a refugee, may be sufficient to sustain such burden without corroboration. Where the trier of fact finds that it is reasonable to expect corroborating evidence for certain alleged facts pertaining to the specifics of the applicant's claim, such evidence must be provided unless a reasonable explanation is given as to why such information is not provided. The credibility determination of the trier of fact may be based, in addition to other factors, on the demeanor, candor, or responsiveness of the applicant or witness, the consistency between the applicant's or witness's written and oral statements, whether or not under oath, made at any time to any officer, agent, or employee of the United States, the internal consistency of each such statement, the consistency of such statements with the country conditions in the country from which the applicant claims asylum, as presented by the Department of State, and any inaccuracies or falsehoods in such statements. These factors may be considered individually or cumulatively.''. (b) Standard of Review for Orders of Removal.--Section 242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by adding after subparagraph (D) the following flush language: ``No court shall reverse a determination made by an adjudicator with respect to the availability of corroborating evidence as described in section 208(b)(1)(B), unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.''. (c) Effective Date.--The amendment made by subsection (b) shall take effect upon the date of enactment of this Act and shall apply to cases in which the final administrative removal order was issued before, on, or after the date of enactment of this Act. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect upon the date of enactment of this Act.
summary: Fairness in Immigration Litigation Act - Amends the Immigration and Nationality Act (INA) to preclude aliens, including criminal aliens, from seeking judicial review of removal orders or the denial of specified discretionary relief through habeas corpus, mandamus, or other extraordinary petitions. Declares that this Act does not preclude circuit court review on appeal of constitutional claims or pure questions of law. Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment. Limits judicial authority to grant stays of removal. Requires all petitions for review of removal orders to be filed in the U.S. Court of Appeals for the Federal Circuit. Expands the list of alternative countries to which an alien may be removed in the event that the country otherwise designated is unwilling to accept the alien. Requires asylum applicants to: (1) show that one of five statutory bases was the central motive for persecution in order to establish refugee status; and (2) submit corroborating evidence where it is reasonable for the trier of fact to expect such evidence. Lists factors relevant to credibility determinations in asylum cases. Precludes the reversal of determinations concerning the availability of corroborating evidence unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.