8 U.S.C. § 1532 — Establishment of removal court
submitted 74 years ago by Pub. L. 104-132 to r/title-8-ALIENS-AND-NATIONALITY · 325 words · no verdicts yet
The Chief Justice must create a five-judge court for removal proceedings, set staggered initial terms, appoint a chief judge, and ensure confidential and prompt proceedings. The court must create a panel of cleared attorneys to represent permanent resident aliens regarding classified information.
(a) The Chief Justice must publicly designate five district judges from five Federal judicial circuits to form a court with jurisdiction over all removal proceedings. The Chief Justice may designate the same judges used under the cited Foreign Intelligence Surveillance Act provision. (b) Each judge serves 5 years and may be redesignated. Of the first judges, one serves 1 year, one 2 years, one 3 years, and one 4 years. (c) The Chief Justice must publicly designate one judge as chief judge. The chief judge must issue rules that help the court function and assign cases among its judges. (d) The cited Foreign Intelligence Surveillance Act rules on prompt and confidential proceedings apply to removal proceedings in the same way. (e) The court must designate a panel of attorneys. Each attorney must have a security clearance allowing access to classified information* and must agree to represent permanent* resident aliens concerning classified information under section 1534(e)(3), subject to this subchapter’s penalties.
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 (50 U.S.C. 1803(a)).
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 member shall serve for a term of 1 year;
1 member shall serve for a term of 2 years;
1 member shall serve for a term of 3 years; and
1 member shall serve for a term of 4 years.
The Chief Justice shall publicly designate one of the judges of the removal court* to be the chief judge of the removal court.
The chief judge shall—
promulgate rules to facilitate the functioning of the removal court; and
assign the consideration of cases to the various judges on the removal court.
The provisions of section 103(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal proceedings in the same manner as they apply to proceedings under that Act [50 U.S.C. 1801 et seq.].
The removal court shall provide for the designation of a panel of attorneys each of whom—
has a security clearance which affords the attorney access to classified information*, and
has agreed to represent permanent* resident aliens with respect to classified information under section 1534(e)(3) of this title in accordance with (and subject to the penalties under) this subchapter.
Source credit: (June 27, 1952, ch. 477, title V, § 502, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1259; amended Pub. L. 104–208, div. C, title III, § 354(a)(4), Sept. 30, 1996, 110 Stat. 3009–643.)
- 1952Enacted · Pub. L. 104-132 · 110 Stat. 1259
- 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-132 on 1952-06-27.
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