Immigration Court and Procedure Reform Act of 1982

Summary

Immigration Court and Procedure Reform Act of 1982 - Amends the Immigration and Nationality Act to establish a United States Immigration Court. States that such Court shall consist of a 50 judge trial division and a seven judge appellate division. Sets forth jurisdictional provisions. Permits Supreme Court review of immigration appellate division decisions based on a writ of certiorari or on appeal from a holding declaring an Act of Congress unconstitutional. Sets forth appellate review procedures. Makes the asylum eligibility provisions consistent with parallel refugee provisions. Modifies asylum procedures to: (1) establish an "asylum officer" to conduct hearings in a nonadversarial setting; (2) permit aliens to have an attorney present in an advisory capacity; (3) make an asylum determination final; (4) put the burden of proof on the alien; (5) require asylum applications to be made within 14 days; (6) prohibit proceedings from being reopened unless there is a clear showing of changed circumstances in the applicant's country; and (7) permit the Attorney General to terminate an alien's asylum status if he or she is no longer a refugee as a result of changed circumstances in the home country. Gives exclusive judicial review responsibility in an asylum claim to the appellate division of the Immigration Court. Denies review under the Administrative Procedure Act. Makes conforming amendments to: (1) exclusion and deportation hearing and appeals provisions; and (2) certificate of identity provisions.

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1 official file

• Introduced in House

  summary · EN · 1 March 1982

  Open at official source

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