8 U.S.C. § 1532 | Establishment of removal court

(a)

Designation of judges

50 U.S.C. 1803(a)The Chief Justice of the United States shall publicly designate 5 district court judges from 5 of the United States judicial circuits who shall constitute a court that shall have jurisdiction to conduct all removal proceedings. The Chief Justice may, in the Chief Justice’s discretion, designate the same judges under this section as are designated pursuant to section 103(a) of the Foreign Intelligence Surveillance Act of 1978 ().

(b)

Terms

Each judge designated under subsection (a) shall serve for a term of 5 years and shall be eligible for redesignation, except that of the members first designated—

(1)

1 member shall serve for a term of 1 year;

(2)

1 member shall serve for a term of 2 years;

(3)

1 member shall serve for a term of 3 years; and

(4)

1 member shall serve for a term of 4 years.

(c)

Chief judge

(1)

Designation

The Chief Justice shall publicly designate one of the judges of the removal court to be the chief judge of the removal court.

(2)

Responsibilities

The chief judge shall—

(A)

promulgate rules to facilitate the functioning of the removal court; and

(B)

assign the consideration of cases to the various judges on the removal court.

(d)

Expeditious and confidential nature of proceedings

50 U.S.C. 1803(c)50 U.S.C. 1801The provisions of section 103(c) of the Foreign Intelligence Surveillance Act of 1978 () shall apply to removal proceedings in the same manner as they apply to proceedings under that Act [ et seq.].

(e)

Establishment of panel of special attorneys

The removal court shall provide for the designation of a panel of attorneys each of whom—

(1)

has a security clearance which affords the attorney access to classified information, and

(2)

section 1534(e)(3) of this title has agreed to represent permanent resident aliens with respect to classified information under in accordance with (and subject to the penalties under) this subchapter.

June 27, 1952, ch. 477 Pub. L. 104–132, title IV, § 401(a)Apr. 24, 1996110 Stat. 1259 Pub. L. 104–208, div. C, title III, § 354(a)(4)Sept. 30, 1996110 Stat. 3009–643(, title V, § 502, as added , , ; amended , , .)

Editorial Notes

References in Text

Pub. L. 95–511Oct. 25, 197892 Stat. 1783 section 1801 of Title 50The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (d), is , , , which is classified principally to chapter 36 (§ 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 104–2081996—Subsec. (e). added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–208 Pub. L. 104–132 section 358 of Pub. L. 104–208 section 1182 of this titleAmendment by effective as if included in the enactment of subtitle A of title IV of the Antiterrorism and Effective Death Penalty Act of 1996, , see , set out as a note under .