,i #aahth ,,congress #b;d ,session ,h4 ,r4 #ggbd ,,in ,,the ,,house ,,of ,,representatives ,march #ai1 #bjbd,ms4 ,lofgren introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on the ,budget1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish1 under article ,i of the ,constitution of the ,united ,states1 a court of record to be known as the ,united ,states ,immigration ,courts4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,real ,courts1 ,rule of ,law ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,establishment and structure of the ,united ,states ,immigration ,courts4,sec4 #c4 ,employees4,sec4 #d4 ,budget and expenditures4,sec4 #e4 ,annual report4,sec4 #f4 ,application date2 transitional provisions4,sec4 #g4 ,institutional transfer2 continuity of proceedings4,sec4 #h4 ,review by the ,judicial ,conference2 consultation requirements4,sec4 #i4 ,technical and conforming provisions4 #b4 ,establishment and structure of the ,united ,states ,immigration ,courts 7a7 ,united ,states ,immigration ,courts ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by adding at the end the following3 ,,vi ,,united ,,states ,,immigration ,,courts ,a ,organization and ,jurisdiction #fja4 ,establishment and structure 7a7 ,establishment 7#a7 ,in general ,there is established1 under article ,i of the ,constitution of the ,united ,states1 a system of courts of record to be known as the ,united ,states ,immigration ,courts 7referred to in this ,act as the ,immigration ,courts74 ,each such court of record may be referred to as an immigration court4 ,the ,immigration ,courts is not an agency of1 and shall be independent of1 the executive branch of the ,government4 7#b7 ,divisions ,the ,immigration ,courts shall consist of an appellate division1 a trial division1 and an administrative division4 7#c7 ,court offices ,the principal office of the ,immigration ,courts shall be in the ,washington1 ,,dc1 metropolitan area1 but any immigration court may sit at any place within the ,united ,states4 7#d7 ,court seal ,the ,immigration ,courts shall have a seal which shall be judicially noticed4 7b7 ,appellate division 7#a7 ,in general ,the appellate division of the ,immigration ,courts shall be composed of #ba immigration appeals judges1 one of whom shall serve as chief judge1 in accordance with paragraph 7#c74 7#b7 ,appointment of immigration appeals judges 7,a7 ,in general ,each immigration appeals judge shall be appointed by the ,president1 by and with the advice and consent of the ,senate1 consistent with the requirements described in section #fjb4 7,b7 ,term of office ,each immigration appeals judge shall be appointed for a term of #ae years and may be reappointed for additional #ae-year terms4 ,an immigration appeals judge who is not reappointed for an additional term may continue to serve after the expiration of the prior term until the earlier of-- 7i7 the date that a successor is appointed2 or 7ii7 the date that is #a year after the expiration of the prior term4 7,c7 ,special rule ,if an immigration appeals judge does not serve the entirety of an appointed term1 the resulting vacancy shall be filled by a successor appointed for the remainder of the term in accordance with this paragraph4 ,at the conclusion of the term1 such successor may be reappointed in accordance with subparagraph 7,b74 7#c7 ,chief judge 7,a7 ,designation 7i7 ,in general ,the chief judge shall be the immigration appeals judge who is most senior in appointment among the immigration appeals judges who1 at that time of appointment to the appellate division-- 7,i7 have served for #a or more years2 7,,ii7 have at least #e years remaining in their term of office as an immigration appeals judge2 and 7,,iii7 have not previously served as chief judge4 7ii7 ,acting chief judge ,if no immigration appeals judge in regular active service satisfies all of the requirements in clause 7i71 the immigration appeals judge who is most senior in commission and who has not previously served as chief judge shall serve as acting chief judge until an immigration appeals judge becomes eligible under such clause4 7iii7 ,precedence ,immigration appeals judges who have the same seniority in commission shall be eligible for service as chief judge according to seniority in age4 7,b7 ,term of office 7i7 ,in general ,except as provided in clause 7ii71 the chief judge shall serve a term that shall end on the earliest of-- 7,i7 the date that is #e years after the date that term begins2 7,,ii7 the date that the judge is removed from service for cause in accordance with section #fjb7;f72 7,,iii7 the date that the judge leaves regular active service as an immigration appeals judge2 and 7,,iv7 the date that the judge provides written notice to the other immigration appeals judges that such judge is resigning from service as chief judge4 7ii7 ,continuation of service ,if1 upon conclusion of the chief judge's term of office described in clause 7i77,i71 no other immigration appeals judge is eligible to assume the role of chief judge as provided in subparagraph 7,a71 the incumbent shall continue to serve as chief judge until another immigration appeals judge becomes eligible4 7#d7 ,en banc exercise of appellate division authority in non-adjudicative matters 7,a7 ,in general ,the appellate division shall exercise only en banc its authority to-- 7i7 appoint immigration trial judges to the trial division2 7ii7 remove immigration trial judges in accordance with section #fjb7;f72 7iii7 appoint a chief administrative officer to the administrative division2 7iv7 promulgate rules and set policies and procedures of the ,immigration ,courts2 and 7v7 address other non-adjudicative matters that require en banc consideration1 as determined by the chief judge4 7,b7 ,majority vote ,the appellate division shall exercise its en banc authority as provided in subparagraph 7,a7 by a majority vote1 a quorum being present4 7,c7 ,quorum ,for purposes of this paragraph1 not less than three immigration appeals judges in regular active service or #b_/c of all immigration appeals judges in regular active service1 whichever is greater1 shall constitute a quorum4 7c7 ,trial division 7#a7 ,in general ,the trial division of the ,immigration ,courts shall be composed of immigration trial courts1 the number and geographical location of which shall be determined by the administrative council1 in accordance with the procedures described in subsection 7d77#c77;,b74 ,each immigration trial court shall be overseen by a chief trial judge4 7#b7 ,appointment of immigration trial judges 7,a7 ,in general ,except as provided in section #fjc1 each immigration trial judge shall be appointed by the appellate division consistent with the requirements described in section #fjb4 7,b7 ,term of office ,each immigration trial judge shall be appointed for a term of #ae years and may be reappointed for additional #ae-year terms4 ,an immigration trial judge who is not reappointed for an additional term may continue to serve after the expiration of the prior term for not more than #a year or until a successor is appointed1 whichever occurs first4 7#c7 ,chief trial judges 7,a7 ,designation ,the chief judge shall designate one immigration trial judge to serve as the chief trial judge for each geographical area4 ,if only one immigration trial judge presides over a geographical area1 that judge shall be designated the chief trial judge4 7,b7 ,term of office ,chief trial judges shall serve for an initial term of #e years and may be reappointed for additional #e-year terms1 or other periods of time that are less than #e years as determined by the appellate division4 7,c7 ,responsibilities ,in addition to fulfilling regular judicial duties1 chief trial judges shall be responsible for-- 7i7 overseeing the administrative operations of the trial division in the geographical area in which they are located2 and 7ii7 fulfilling all other duties and responsibilities articulated in this ,act or delegated to the chief trial judges by the chief judge4 7d7 administrative division 7#a7 ,in general ,the administrative division of the ,immigration ,courts shall consist of an administrative office and an administrative council4 7#b7 ,administrative office ,the administrative office shall be managed by a chief administrative officer1 who shall be responsible for-- 7,a7 implementing and administering operational rules1 policies1 and procedures of the ,immigration ,courts established by the appellate division or the administrative council2 7,b7 assisting the administrative council in executing its responsibilities as described in paragraph 7#c72 and 7,c7 fulfilling all other administrative duties and responsibilities articulated in this ,act or delegated by the chief judge4 7#c7 administrative council 7,a7 ,in general ,the chief judge of the appellate division shall summon annually the chief trial judge of each court of the trial division to a meeting at such time and place in the ,united ,states as the chief judge may designate4 ,the chief judge shall preside at such meeting which shall be known as the administrative council of the ,immigration ,courts4 ,special sessions of the council may be called by the chief judge at such times and places as the chief judge may designate4 ,if the chief trial judge of any court of the trial division is unable to attend1 the chief judge may summon any other judge from such court4 ,every judge summoned shall attend and1 unless excused by the chief judge1 shall remain throughout the sessions of the council and advise as to the needs of that judge's court and as to any matters in respect of which the administration of justice in the ,immigration ,courts may be improved4 7,b7 ,determination of number of required judges and geographical areas of service 7i7 ,survey ,not later than #a year after the application date described in section #f of the ,real ,courts1 ,rule of ,law ,act of #bjbd1 and every #d years thereafter1 the administrative council shall conduct a survey1 which shall include the solicitation of information and recommendations from the public1 to determine the number of immigration trial courts required to provide for the expeditious and effective administration of justice1 as well as the geographical areas to be served by such courts4 ,in conducting the survey1 the administrative council shall-- 7,i7 assess the continuing need for existing immigration trial court positions and the need for additional positions in each geographical location2 7,,ii7 evaluate local conditions in each geographical location1 including the proximity to populations to be served1 the quality and availability of infrastructure to support transportation and communication1 and the availability of legal services for indigent and non-,english speaking individuals2 7,,iii7 consider proximity and access to judicial and ,department of ,homeland ,security facilities2 and 7,,iv7 consider the allocation of immigration trial courts and judges among existing geographical areas and whether the administration of justice would be better served by the presence of immigration trial courts and judges in new or different areas4 7ii7 ,publication of survey results ,the administrative council shall publish the results of the survey described in subparagraph 7,a74 7iii7 ,notice of vacancies ,the administrative council shall publish notice of any immigration judge vacancies or new staff positions4 7,c7 ,merit selection panel 7i7 ,appointment of immigration judges ,the administrative council shall establish a merit selection panel to assist in identifying and recommending individuals who are best qualified to serve as immigration judges1 consistent with subsections 7a71 7b71 and 7c7 of section #fjb4 7ii7 ,composition ,the panel described in paragraph 7#a7 shall consist of qualified individuals with experience in a diverse range of settings1 including academia1 nongovernmental organizations1 private immigration practice1 and government service4 #fjb4 ,immigration appeals judges and trial judges 7a7 ,qualifications of immigration judges ,each immigration judge shall-- 7#a7 be a member in good standing of the bar of a ,federal court or the highest court of a ,state1 or any combination thereof1 for not less than #aj years2 7#b7 possess1 and have a reputation for1 integrity and good character2 7#c7 possess and have demonstrated a commitment to equal justice under the law2 7#d7 possess and have demonstrated outstanding legal ability and competence1 as evidenced by substantial legal experience1 ability to deal with complex legal problems1 aptitude for legal scholarship and writing1 and familiarity with courts and court processes2 7#e7 exhibit demeanor1 character1 and personality that indicate a judicial temperament2 and 7#f7 be qualified to conduct fair and impartial hearings that are consistent with due process4 7b7 ,additional factors for the appointment of immigration judges ,in appointing immigration judges1 the ,president and the appellate division shall ensure that-- 7#a7 qualified candidates are identified without regard to race1 color1 sex1 religion1 national origin1 disability1 age1 or any other factor protected under ,federal law2 7#b7 to the extent practicable1 the corps of immigration judges-- 7,a7 is comprised primarily of individuals with prior legal experience in immigration law2 and 7,b7 reflects a balance of individuals with prior legal experience in the public sector and private sector2 and 7#c7 candidates are selected without regard to political party affiliation or perceived political ideology4 7c7 ,prohibited relationships ,no individual may be appointed as an immigration trial judge if such individual is related by blood in the first-1 second-1 or third-degree1 or by marriage to a immigration appeals judge in regular active service4 7d7 ,continuing education ,in addition to the training required under section #fjc7;c7 of the ,international ,religious ,freedom ,act of #aiih 7#bb ,u4,s4,c4 #fdgc7;c771 all immigration judges shall be required to satisfy continuing education requirements1 as determined by the administrative council4 7e7 ,salaries 7#a7 ,immigration appeals judges ,each immigration appeals judge shall serve on a full-time basis and shall receive as compensation for such services1 an annual salary that is equal to the salary of a judge of the district court of the ,united ,states as determined pursuant to section #ace of title #bh1 ,united ,states ,code4 7#b7 ,immigration trial judges ,each immigration trial judge shall serve on a full-time basis and shall receive as compensation for such services1 an annual salary that is equal to #ib percent of the salary of a judge of the district court of the ,united ,states as determined pursuant to section #ace of title #bh1 ,united ,states ,code4 7#c7 ,prohibition on the practice of law ,no immigration judge may engage in the practice of law or any other practice1 business1 occupation1 or employment that is inconsistent with the expeditious1 proper1 and impartial performance of such judge's duties4 7f7 ,removal 7#a7 ,in general ,an immigration judge may be removed from office only on grounds of incapacity1 misconduct1 neglect of duty1 or having engaged in the practice of law1 and in accordance with the following3 7,a7 ,an immigration appeals judge may be removed from office by the ,president4 7,b7 ,an immigration trial judge may be removed from office by the appellate division4 7,c7 ,no immigration judge may be removed from office unless such judge is provided with notice of the allegations forming the basis for removal and an opportunity to appear in person at a hearing to rebut such allegations4 7#b7 ,complaints 7,a7 ,in general ,the appellate division shall promulgate rules1 consistent with chapter #af of title #bh1 ,united ,states ,code1 for receiving1 investigating1 and resolving complaints regarding the conduct of immigration judges4 ,in investigating and acting upon any such complaint1 the appellate division shall have the powers granted to a judicial council under such chapter4 7,b7 ,judicial conference ,the provisions of sections #ced7;b7 through #cfj of title #bh1 ,united ,states ,code1 regarding referral or certification to1 and petition for review in the ,judicial ,conference of the ,united ,states1 and action thereon1 shall apply to the exercise of the powers of a judicial council by the appellate division4 ,the grounds for removal specified in paragraph 7#a7 shall provide the basis for a determination to refer a complaint to the ,judicial ,conference1 for further action by the ,conference1 and for certification and transmittal by the ,conference of any complaint to the ,president4 7g7 ,retirement 7#a7 ,any immigration judge shall retire upon attaining the age of #hj4 7#b7 ,any immigration judge who meets the age and service requirements set forth in the following table may retire3 ,the immigration judge has attained age,and the years of service as an immigration judge are at least3#feaeffadfgacfhabfiaagjaj4 7#c7 ,any immigration judge who is not reappointed following the expiration of the term of his office may retire upon the completion of such term1 if-- 7,a7 he has served as an immigration judge for #ae years or more2 and 7,b7 not earlier than #i months preceding the date of the expiration of the term of his office and not later than #f months preceding such date1 he advised the ,president or the appellate division1 as appropriate1 in writing that he was willing to accept reappointment as an immigration judge4 7#d7 ,any immigration judge who becomes permanently disabled from performing his duties shall retire4 7h7 ,retired pay ,any individual who-- 7#a7 retires under paragraph 7#a71 7#b71 or 7#c7 of subsection 7g7 and elects under subsection 7i7 to receive retired pay under this subsection shall receive retired pay during any period at a rate which bears the same ratio to the rate of the salary payable to an immigration judge during such period as the number of years he has served as immigration judge bears to #aj2 except that the rate of such retired pay shall not be more than the rate of such salary for such period2 or 7#b7 retires under paragraph 7#d7 of subsection 7b7 and elects under subsection 7i7 to receive retired pay under this subsection shall receive retired pay during any period at a rate-- 7,a7 equal to the rate of the salary payable to an immigration judge during such period if before he retired he had served as an immigration judge not less than #aj years2 or 7,b7 one-half of the rate of the salary payable to an immigration judge during such period if before he retired he had served as an immigration judge less than #aj years4 ,such retired pay shall begin to accrue on the day following the day on which his salary as immigration judge ceases to accrue1 and shall continue to accrue during the remainder of his life4 ,retired pay under this subsection shall be paid in the same manner as the salary of an immigration judge4 ,in computing the rate of the retired pay under paragraph 7#a7 of this subsection for any individual who is entitled thereto1 that portion of the aggregate number of years he has served as an immigration judge which is a fractional part of #a year shall be eliminated if it is less than #f months1 or shall be counted as a full year if it is #f months or more4 ,in computing the rate of the retired pay under paragraph 7#a7 of this subsection for any individual who is entitled thereto1 any period during which such individual performs services under subsection 7c7 on a substantially full-time basis shall be treated as a period during which he has served as an immigration judge4 7i7 ,election ,to receive retired pay ,any immigration judge may elect to receive retired pay under subsection 7h74 ,such an election-- 7#a7 may be made only while an individual is an immigration judge 7except that in the case of an individual who fails to be reappointed as immigration judge at the expiration of a term of office1 it may be made at any time before the day after the day on which his successor takes office72 7#b7 once made1 shall be irrevocable2 7#c7 in the case of any immigration judge other than the chief judge1 shall be made by filing notice thereof in writing with the chief judge2 and 7#d7 in the case of the chief judge1 shall be made by filing notice thereof in writing with the ,office of ,personnel ,management4 ,the chief judge shall transmit to the ,office of ,personnel ,management a copy of each notice filed with him under this subsection4 7j7 ,retired pay affected in certain cases ,in the case of an individual for whom an election to receive retired pay under subsection 7h7 is in effect-- 7#a7 #a-year forfeiture for failure to perform judicial duties ,if such individual during any calendar year fails to perform judicial duties required of him by section #fjc1 such individual shall forfeit all rights to retired pay under subsection 7d7 for the #a-year period which begins on the first day on which he so fails to perform such duties4 7#b7 ,suspension of retired pay during period of compensated government service ,if such individual accepts compensation for civil office or employment under the ,government of the ,united ,states 7other than the performance of judicial duties pursuant to section #fjc71 such individual shall forfeit all rights to retired pay under subsection 7h7 for the period for which such compensation is received4 7#c7 ,forfeitures of retired pay under paragraph 7#a7 not to apply where individual elects to freeze amount of retired pay 7,a7 ,in general ,if any individual makes an election under this paragraph-- 7i7 paragraph 7#a7 and section #fjc shall not apply to such individual beginning on the date such election takes effect1 and 7ii7 the retired pay under subsection 7h7 payable to such individual for periods beginning on or after the date such election takes effect shall be equal to the retired pay to which such individual would be entitled without regard to this clause at the time of such election4 7,b7 ,election ,an election under this paragraph-- 7i7 may be made by an individual only if such individual meets the age and service requirements for retirement under paragraph 7#b7 of subsection 7g71 7ii7 may be made only during the period during which the individual may make an election to receive retired pay or while the individual is receiving retired pay1 and 7iii7 shall be made in the same manner as the election to receive retired pay4 ,such an election1 once it takes effect1 shall be irrevocable4 7,c7 ,when election takes effect ,any election under this paragraph shall take effect on the first day of the first month following the month in which the election is made4 7k7 ,coordination with civil service retirement 7#a7 ,general rule ,except as otherwise provided in this subsection1 the provisions of the civil service retirement laws 7including the provisions relating to the deduction and withholding of amounts from basic pay1 salary1 and compensation7 shall apply in respect of service as an immigration judge 7together with other service as an officer or employee to whom such civil service retirement laws apply7 as if this section had not been enacted4 7#b7 ,effect of electing retired pay ,in the case of any individual who has filed an election to receive retired pay under subsection 7h7-- 7,a7 no annuity or other payment shall be payable to any person under the civil service retirement laws with respect to any service performed by such individual 7whether performed before or after such election is filed and whether performed as immigration judge or otherwise72 7,b7 no deduction for purposes of the ,civil ,service ,retirement and ,disability ,fund shall be made from retired pay payable to him under subsection 7h7 or from any other salary1 pay1 or compensation payable to him1 for any period beginning after the day on which such election is filed2 and 7,c7 such individual shall be paid the lump-sum credit computed under section #hcca7h7 of title #e1 ,united ,states ,code1 upon making application therefor with the ,office of ,personnel ,management4 7l7 ,retirement for disability 7#a7 ,any immigration judge who becomes permanently disabled from performing his duties shall certify to the ,president1 or the appellate division1 as applicable1 his disability in writing4 ,if the chief judge retires for disability1 his retirement shall not take effect until concurred in by the ,president4 7#b7 ,whenever any immigration judge who becomes permanently disabled from performing his duties does not retire or the appellate division1 as applicable1 and the ,president finds that such immigration judge is unable to discharge efficiently all the duties of his office by reason of permanent mental or physical disability and that the appointment of an additional immigration judge is necessary for the efficient dispatch of business1 the ,president or the appellate division1 as applicable1 shall declare such immigration judge to be retired4 7m7 ,revocation of election ,to receive retired pay 7#a7 ,in general ,notwithstanding subsection 7e77#b71 an individual who has filed an election to receive retired pay under subsection 7h7 may revoke such election at any time before the first day on which retired pay 7or compensation under section #fjc in lieu of retired pay7 would 7but for such revocation7 begin to accrue with respect to such individual4 7#b7 ,manner of revoking ,any revocation under this subsection shall be made by filing a notice thereof in writing with the ,director of the ,office of ,personnel ,management4 ,the ,office of ,personnel ,management shall transmit to the chief judge a copy of each notice filed under this subsection4 7#c7 ,effect of revocation ,in the case of any revocation under this subsection-- 7,a7 for purposes of this section1 the individual shall be treated as not having filed an election to receive retired pay under subsection 7h71 7,b7 no credit shall be allowed for any service as an immigration judge unless with respect to such service either there has been deducted and withheld the amount required by the civil service retirement laws or there has been deposited in the ,civil ,service ,retirement and ,disability ,fund an amount equal to the amount so required1 with interest1 7,c7 the ,immigration ,courts shall deposit in the ,civil ,service ,retirement and ,disability ,fund an amount equal to the additional amount it would have contributed to such ,fund but for the election under subsection 7i71 and 7,d7 if subparagraph 7,c7 is complied with1 service on the ,immigration ,courts shall be treated as service with respect to which deductions and contributions had been made during the period of service4 7n7 ,thrift savings plan 7#a7 ,election to contribute 7,a7 ,in general ,an immigration judge may elect to contribute to the ,thrift ,savings ,fund established by section #hdcg of title #e1 ,united ,states ,code4 7,b7 ,period of election ,an election may be made under this paragraph only during a period provided under section #hdcb7;b7 of title #e1 ,united ,states ,code1 for individuals subject to chapter #hd of such title4 7#b7 ,applicability of title #e provisions ,except as otherwise provided in this subsection1 the provisions of subchapters ,,iii and ,,vii of chapter #hd of title #e1 ,united ,states ,code1 shall apply with respect to an immigration judge who makes an election under paragraph 7#a74 7#c7 ,special rules 7,a7 ,amount contributed ,the amount contributed by an immigration judge to the ,thrift ,savings ,fund in any pay period shall not exceed the maximum percentage of such immigration judge's basic pay for such period as allowable under section #hddj;f of title #e1 ,united ,states ,code4 ,basic pay does not include any retired pay paid pursuant to this section4 7,b7 ,contributions for benefit of immigration judge ,no contributions may be made for the benefit of an immigration judge under section #hdcb7;c7 of title #e1 ,united ,states ,code4 7,c7 ,applicability of section #hdcc7;b7 of title #e whether or not immigration judge retires ,section #hdcc7;b7 of title #e1 ,united ,states ,code1 applies with respect to an immigration judge who makes an election under paragraph 7#a7 and who either-- 7i7 retires under subsection 7g71 or 7ii7 ceases to serve as an immigration judge but does not retire under subsection 7g74 ,retirement under subsection 7b7 is a separation from service for purposes of subchapters ,,iii and ,,vii of chapter #hd of that title4 7,d7 ,applicability of section #hcea7;b77#e7 of title #e ,the provisions of section #hcea7;b77#e7 of title #e1 ,united ,states ,code1 shall apply with respect to an immigration judge who makes an election under paragraph 7#a74 7,e7 ,exception ,notwithstanding subparagraph 7,c71 if any immigration judge retires under this section1 or resigns without having met the age and service requirements set forth under subsection 7g77#b71 and such immigration judge's nonforfeitable account balance is less than an amount that the ,executive ,director of the ,federal ,retirement ,thrift ,investment ,board prescribes by regulation1 the ,executive ,director shall pay the nonforfeitable account balance to the participant in a single payment4 #fjc4 ,temporary immigration judges and court facilities 7a7 ,in general ,subject to subsection 7c71 if the administrative council determines1 based on specific and credible facts1 that the current resources of the ,immigration ,courts are insufficient for the expeditious and effective administration of justice1 the appellate division may exercise its authority en banc to-- 7#a7 appoint temporary immigration trial judges1 which appointment shall be undertaken in a manner consistent with the requirements of section #fjb1 to the extent practicable2 7#b7 recall retired immigration trial or appeals judges1 as described in subsection 7b72 and 7#c7 establish temporary court facilities in designated geographic areas4 7b7 ,recall of retired judges 7#a7 ,eligibility ,a retired immigration judge may be recalled for service if the judge provides to the clerk of the ,immigration ,courts written notice that the judge is willing to be recalled for service in accordance with the terms of this subsection4 7#b7 ,authority of recalled judges ,an immigration judge who is recalled to serve as an immigration appeals judge or immigration trial judge may exercise all of the judicial powers and duties of such judges in regular active service1 except as specifically provided in this subtitle4 ,such judge shall not be counted for purposes of section #fja7;b77#a7 or 7c77#b74 7#c7 ,compensation ,an immigration judge who is recalled for service shall be paid at the rate of pay in effect under section #fjb7;e7 for the position at the time of such recall1 less the amount of the judge's retirement annuity1 if any4 7#d7 ,effect on civil service retirement ,except as provided in subsection 7d71 an immigration judge who is recalled for service who retired under chapter #hc or #hd of title #e1 ,united ,states ,code1 shall be considered to be a reemployed annuitant under that chapter4 ,nothing in this subsection affects the right of an immigration judge who retired under chapter #hc or #hd of title #e1 ,united ,states ,code1 to serve as a reemployed annuitant in accordance with the provisions of title #e1 ,united ,states ,code4 7c7 ,reporting requirements 7#a7 ,initial report ,prior to exercising the authority described in subsection 7a71 the appellate division shall transmit a report to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate detailing-- 7,a7 the specific and credible facts that led to the determination that additional court resources are required2 7,b7 an assessment as to the number of temporary immigration judges or court facilities that are required2 and 7,c7 an estimate as to how long the appellate division expects the immigration judges or court facilities described in subsection 7a7 to remain in place4 7#b7 ,additional reporting ,not later than #cj days after exercising the authority under subsection 7a7 and every #cj days thereafter1 the appellate division shall report to the ,committees named in paragraph 7#a7 on the current status of the ,immigration ,courts and the continuing need for the temporary immigration judges or court facilities4 7#c7 ,reduction in resources and termination 7,a7 ,gradual reduction in resources ,the appellate division shall1 exercising its authority en banc in accordance with section #fja7;b77#d71 terminate the appointment of individual temporary immigration judges and close individual temporary court facilities as the appellate division1 in consultation with the administrative council1 determines they are no longer required4 ,for purposes of this subparagraph1 section #fjb7;g7 does not apply4 7,b7 ,termination ,all temporary immigration judge appointments shall be rescinded and all temporary court facilities closed upon the earliest of-- 7i7 the date that the appellate division determines1 in consultation with the administrative council1 that regular court resources are sufficient to resume normal court operations2 7ii7 the date that ,congress directs that such actions be taken by concurrent resolution2 or 7iii7 #baj days after the appellate division submits its initial report under paragraph 7#a77;,a71 unless ,congress extends such #baj-;day period by law4 #fjd4 ,jurisdiction 7a7 ,appellate division jurisdiction 7#a7 ,in general ,the appellate division of the ,immigration ,courts shall have jurisdiction over-- 7,a7 appeals of immigration trial judge decisions1 as described in section #fbe7;c72 7,b7 appeals of decisions by the ,secretary of ,homeland ,security on petitions filed under section #bjd to classify an alien described in section #bja7;b77#b77;,a77i7 or #bjc7;a72 and 7,c7 original proceedings and appeals in disciplinary matters concerning attorneys and practitioners before the ,immigration ,courts4 7#b7 ,savings clause ,in addition to the matters described in paragraph 7#a71 the appellate division shall have jurisdiction to hear and decide all other matters over which the ,board of ,immigration ,appeals had authority on the day before the application date described in section #f7;a7 of the ,real ,courts1 ,rule of ,law ,act of #bjbd4 7b7 ,trial division jurisdiction 7#a7 ,in general ,the trial division of the ,immigration ,courts shall have original jurisdiction over-- 7,a7 removal proceedings as described in sections #bch and #bdj2 7,b7 review of rescissions of lawful permanent residence under section #bdf2 7,c7 review of credible fear determinations under section #bce and reasonable fear determinations for aliens subject to reinstated orders of removal under section #bda2 7,d7 review of applications for asylum referred by the ,secretary of ,homeland ,security where the applicant is barred from being placed in removal proceedings under section #bdj1 and referrals for protection under section #bda7;b77#c7 or the ,united ,nations ,convention ,against ,torture where the individual is not in removal proceedings and is barred from asylum under this ,act2 7,e7 determinations relating to bond1 custody1 or the detention of any alien in the custody of the ,department of ,homeland ,security2 7,f7 determinations as to whether administrative actions arising from applications or petitions filed by or on behalf of the alien and that are pending during the course of the alien's removal proceedings under section #bdj have been unlawfully withheld or unreasonably delayed2 and 7,g7 disciplinary matters concerning attorneys and practitioners before the ,immigration ,courts4 7#b7 ,savings clause ,in addition to the matters described in paragraph 7#a71 the trial division shall have jurisdiction to hear and decide all other matters over which immigration judges had authority on the day before the application date described in section #f7;a7 of the ,real ,courts1 ,rule of ,law ,act of #bjbd4 ,b ,procedure and ,appellate ,review #fba4 ,proceedings 7a7 ,trial division proceedings 7#a7 ,in general ,except as provided in section #fjd7;a71 all proceedings before the ,immigration ,courts shall originate in the trial division4 ,proceedings before the trial division shall be heard and decided by a single immigration trial judge1 with matters assigned to such judges in a manner determined by the appellate division4 7#b7 ,authority of trial division ,in presiding over matters before the trial division1 immigration trial judges may-- 7,a7 record and receive evidence1 administer oaths1 examine and cross-examine witnesses1 set deadlines1 and render findings of fact and conclusions of law2 7,b7 render decisions on respondents' prima facie and discretionary eligibility for relief from removal2 and 7,c7 order and take depositions1 issue subpoenas requiring the attendance and testimony of witnesses and the production of documents or other evidence1 and order responses to written interrogatories4 7b7 ,appellate division proceedings 7#a7 ,in general ,except as provided by rules established by the appellate division1 proceedings before the appellate division shall be heard and decided by immigration appeals judges sitting in panels of three such judges or en banc1 and decisions shall be made by majority vote4 ,any decision of a panel may be reconsidered by the court sitting en banc4 7#b7 ,precedence in appellate division ,the chief judge of the ,immigration ,courts shall have precedence and preside at any session of the appellate division that such judge attends4 ,other immigration appeals judges shall have precedence and preside in the appellate division according to the seniority of their original commissions and1 for judges whose commissions bear the same date1 according to seniority in age4 7c7 ,contempt authority 7#a7 ,in general ,immigration judges shall have the authority1 to sanction by civil money penalty1 any individual whose action or inaction obstructs the administration of justice or is otherwise in contempt of the lawful authority of such judge or the ,immigration ,courts4 7#b7 ,notice ,no individual may be sanctioned for contempt under paragraph 7#a7 without first receiving notice of the charges and an opportunity to rebut such charges4 7d7 ,assistance to the court ,the ,immigration ,courts shall have such assistance in carrying out its lawful writ1 process1 order1 rule1 decree1 or command1 including nationwide service of a subpoena1 as is available to a court of the ,united ,states1 as that term is defined in section #dea of title #bh1 ,united ,states ,code4 ,the ,united ,states marshal for a district in which the immigration trial judge is sitting shall1 if requested by the presiding judge1 attend any court proceeding in that district1 and may otherwise provide1 when requested by the chief trial judge of that immigration trial court1 for the security of the immigration trial court1 including the personal protection of judges1 court officers1 witnesses1 and other threatened persons in the interests of justice1 where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding4 ,the ,united ,states ,marshals ,service retains final authority regarding security requirements for the ,immigration ,courts4 7e7 ,opinions and orders 7#a7 ,in general ,opinions and orders shall be issued in accordance with rules promulgated by the appellate division1 except that decisions on the merits of an application or request for relief from removal rendered by the trial division or the appellate division shall1 to the greatest extent practicable1 be issued in the form of a written opinion and shall include an analysis of the facts of the case and the legal reasoning for the decision4 7#b7 ,precedents ,unless subsequently modified or reversed by the appellate division1 the court of appeals for the respective judicial circuit1 or the ,supreme ,court1 precedent decisions of the appellate division shall be binding on all immigration judges and all officers and employees of executive agencies 7as defined in section #aje of title #e1 ,united ,states ,code7 with powers1 functions1 and duties under this ,act and other laws relating to the immigration and naturalization of aliens4 7f7 ,recusal of judges ,section #dee of title #bh1 ,united ,states ,code1 shall apply to all immigration judges and proceedings of the ,immigration ,courts4 #fbb4 ,immigration courts rules of practice and procedure 7a7 ,in general ,exercising its en banc authority1 the appellate division shall promulgate rules of practice and procedure before the trial division and the appellate division1 including-- 7#a7 rules governing the representation of parties1 which shall-- 7,a7 provide for the admission of qualified attorneys to practice before the ,immigration ,courts and1 as appropriate1 for the admission of qualified non-attorney representatives2 7,b7 prescribe standards of practice and professional conduct1 which shall apply to all attorneys and practitioners that appear before the ,immigration ,courts2 and 7,c7 provide for disciplinary proceedings before the ,immigration ,courts for attorneys and practitioners who do not comply with the standards described in subparagraph 7,b72 7#b7 rules governing the exercise of the appellate division's en banc authority over adjudicative matters1 including decisions of an appellate division panel2 7#c7 rules setting forth the types of matters that are appropriate for review by a single appellate judge2 7#d7 subject to section #fba7;e71 rules governing the issuance of opinions and written orders1 and precedent decisions2 7#e7 rules governing the use of video teleconferencing technology or other similar technologies1 with a presumption against the use of video teleconferencing in proceedings where the alien's eligibility for relief from removal is being evaluated1 unless requested by the alien2 7#f7 procedures1 consistent with section #fjb7;f77#b7 for receiving1 investigating1 and resolving complaints regarding the conduct of immigration judges2 and 7#g7 all other policies1 and procedures assigned to the appellate division as described in this title4 7b7 ,local rules ,each chief trial judge may establish local rules of practice and procedure1 provided that-- 7#a7 such rules are consistent with the provisions of this title2 7#b7 a majority of immigration trial judges on the immigration trial court of that chief judge concur to the local rules2 and 7#c7 the chief judge approves the local rules4 7c7 ,immigration court fees 7#a7 ,in general ,the appellate division shall prescribe rules which provide for the collection of reasonable filing fees and other fees1 as appropriate4 ,each such fee may not exceed the fee charged and collected for the same or a substantially similar purpose by the ,federal district courts or the ,department of ,homeland ,security4 7#b7 ,waiver ,rules promulgated by the appellate division shall include procedures under which any such fee may be waived in the case of financial hardship4 7d7 ,publication of rules and fees ,the administrative division shall maintain a public website that contains or consolidates current information on all rules and fees of the ,immigration ,courts1 including all local rules established under this subsection4 #fbc4 ,representation of parties and other assistance 7a7 ,right to counsel ,in any proceeding before the ,immigration ,courts1 the person or party concerned shall have the privilege of being represented 7at no expense to the ,government7 by such counsel1 authorized to practice before the ,immigration ,courts1 of their own choosing4 7b7 ,interpreters ,the ,immigration ,courts shall establish a program to ensure the use of qualified interpreters in proceedings before the ,immigration ,courts4 7c7 ,legal orientation program ,the ,immigration ,courts shall maintain1 through agreements with legal services and other nonprofit organizations1 a legal orientation program that explains the ,court's procedures and provides basic legal information to individuals who are or may become parties to proceedings before the ,immigration ,courts4 #fbd4 ,availability of information 7a7 ,publication of precedent decisions ,precedent decisions of the appellate division shall be published in such form and manner as may be best adapted for public information and use4 7b7 ,publication of non-,precedent decisions and records 7#a7 ,in general ,subject to paragraph 7#b71 all non-precedent decisions of the ,immigration ,courts and all briefs1 motions1 documents1 and exhibits received by such court 7including hearing transcripts7 shall be made available to the public4 7#b7 ,confidential information ,the ,immigration ,courts shall preserve the confidentiality of information relating to matters involving national security1 asylum and other forms of protection1 and claims under the ,violence ,against ,women ,act 7,public ,law #ajc-cbb1 title ,,iv1 #ajh ,stat4 #aijb71 as amended1 or any other applicable law4 ,the ,immigration ,courts may make any provision necessary to prevent the disclosure of confidential information in its proceedings and records1 including requiring that such information be placed under seal to be opened only as directed by the ,immigration ,courts4 #fbe4 ,scope of review and appeals 7a7 ,in general ,in any proceeding before the ,immigration ,courts1 the immigration judge shall-- 7#a7 consider de novo all constitutional claims and questions of law2 and 7#b7 compel administrative action on an application or petition filed by or on behalf of the alien that is unlawfully withheld or unreasonably delayed4 7b7 ,trial division proceedings ,the decision of an immigration trial judge shall be based only on the evidence produced at the hearing and shall set forth the judge's findings of fact1 reasoning to support discretionary determinations1 and conclusions of law4 ,immigration trial judges may take judicial notice of commonly known facts4 7c7 ,review by appellate division 7#a7 ,in general ,in considering an appeal from an immigration trial judge decision1 the appellate division shall limit its review to the scope of issues raised on appeal and shall conduct its review of the decision based on the record of proceedings of the trial division4 7#b7 ,fact finding ,aside from taking judicial notice of commonly known facts1 the appellate division shall not engage in fact finding in considering an appeal of an immigration trial judge decision1 and shall defer to the factual findings of the immigration trial judge unless such findings are challenged and determined to be clearly erroneous4 7d7 ,review by the united states courts of appeals ,a decision of the appellate division may be appealed by a party to such proceeding and reviewed by the ,united ,states court of appeals for the judicial circuit wherein venue lies1 in accordance with section #bdb1 as applicable4 ,if the ,government appeals a decision pursuant to this subsection1 and the court finds that the alien party to such appeal is financially unable to obtain adequate representation1 representation for such alien shall be provided through the plan for representation on appeal that is in effect under section #cjjf;,a of title #ah1 ,united ,states ,code4 4 7b7 ,clerical amendment ,the table of contents at the beginning of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by adding at the end the following new items3 ,,title ,,vi--,,united ,,states ,,immigration ,c,o,u,r,t,s,subtitle ,a--,organization and ,jurisdiction,sec4 #fja4 ,establishment and structure4,sec4 #fjb4 ,immigration appeals judges and trial judges4,sec4 #fjc4 ,temporary immigration judges and court facilities4,sec4 #fjd4 ,jurisdiction4,subtitle ,b--,procedure and ,appellate ,review,sec4 #fba4 ,proceedings4,sec4 #fbb4 ,immigration courts rules of practice and procedure4,sec4 #fbc4 ,representation of parties and other assistance4,sec4 #fbd4 ,availability of information4,sec4 #fbe4 ,scope of review and appeals4 4 #c4 ,employees 7a7 ,clerk of the court ,the chief judge may appoint1 and prescribe the duties for1 a clerk of the court without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7b7 ,chambers staff ,immigration judges may appoint law clerks and secretaries1 in such numbers as the appellate division approves1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7c7 ,other court staff ,the clerk of the court and the chief administrative officer may appoint deputies and employees1 in such numbers as the appellate division approves1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7d7 ,staff salaries ,the appellate division may fix and adjust the rates of basic pay for the clerk1 the chief administrative officer1 and other employees of the ,immigration ,courts without regard to the provisions of chapter #ea1 subchapter ,,iii of chapter #ec1 or section #ecgc of title #e1 ,united ,states ,code4 ,to the maximum extent feasible1 such employees shall be compensated at rates consistent with those for employees holding comparable positions in the judicial branch4 7e7 ,preference eligibles ,in making appointments under subsections 7a7 through 7c71 preference shall be given1 among equally qualified persons1 to persons who are preference eligible 7as defined in section #bajh7c7 of title #e1 ,united ,states ,code74 7f7 ,experts and consultants ,the ,immigration ,courts may procure the services of experts and consultants as provided under section #caji of title #e1 ,united ,states ,code4 #d4 ,budget and expenditures 7a7 ,court budget ,for each fiscal year1 the budget of the ,immigration ,courts shall be established by the ,immigration ,courts1 without review or modification by the executive branch1 and shall be included in the budget of the ,president as submitted4 7b7 ,permissible court expenditures 7#a7 ,the ,immigration ,courts may make such expenditures 7including expenditures for personal services and rent at the seat of ,government and elsewhere1 and for law books1 books of reference1 and periodicals7 as may be necessary to execute efficiently the judicial and administrative functions vested in the ,courts4 7#b7 ,the ,immigration ,courts may receive and expend funds appropriated to the ,courts for purposes of paragraph 7#a7 either-- 7,a7 directly1 or 7,b7 by transfer to-- 7i7 the ,director of the ,administrative ,office of the ,united ,states ,courts1 7ii7 another court established under article ,i of the ,constitution1 or 7iii7 an executive agency as defined in section #aje of title #e1 ,united ,states ,code1 to cover the expense of such administrative support and guidance 7including budgetary and financial1 payroll and personnel1 protective and security1 recordkeeping and statistical1 and information technology services7 as the ,court may request and the ,director1 court1 or agency may agree to provide from time to time4 7c7 ,method and source of expenditures ,all expenditures of the ,immigration ,courts shall be allowed and paid upon presentation of itemized vouchers signed by the certifying officer designated by the chief judge4 #e4 ,annual report 7a7 ,in general ,not later than ,april #a of each year1 the chief judge shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate1 a report summarizing the workload of the ,immigration ,courts for the preceding fiscal year4 7b7 ,contents ,the report described in subsection 7a7 shall contain-- 7#a7 demographic information1 including the age1 gender1 and nationality of respondents appearing before the ,immigration ,courts1 and rates at which such respondents are represented by counsel2 7#b7 outcomes of removal proceedings1 including grant rates for immigration relief1 disaggregated by geographical area and immigration trial judge2 7#c7 outcomes of bond hearings1 disaggregated by geographical area and immigration trial court2 7#d7 the number of cases currently pending before the trial and appellate divisions of the ,immigration ,courts1 and the change in such number from the prior fiscal year2 7#e7 the average number of days for which a respondent waits to have their case heard1 disaggregated by geographical area2 and 7#f7 any information requested by the ,committees named in subsection 7a71 provided such request is timely and reasonable4 #f4 ,application date2 transitional provisions 7a7 ,application date ,the ,immigration ,courts may not begin to exercise the functions of the courts under this ,act and the amendments made by this ,act until the date 7for purposes of this ,act1 referred to as the application date7 that is-- 7#a7 7,a7 the first day of the first full fiscal year after the date of the enactment of this ,act1 if such date is #ahj days or more after the date of enactment of this ,act2 or 7,b7 the first day of the second full fiscal year after the date of the enactment of this ,act1 if the first day of the first full fiscal year after the date of enactment of this ,act is less than #ahj days after the date of enactment of this ,act2 and 7#b7 the date on which #c or more immigration appeals judges have been duly appointed by the ,president1 in accordance with procedures set forth in section #f7;c7 of this ,act and #fja7;b77#b7 of the ,immigration and ,nationality ,act1 as added by this ,act4 7b7 ,transition period and appointment of interim immigration trial judges 7#a7 ,transition period ,the transition period described in this section shall be the #d-year period beginning on the application date of this ,act4 7#b7 ,interim immigration trial judges 7,a7 ,in general ,each individual serving as an immigration judge in the ,executive ,office for ,immigration ,review on the date that is the day before the application date of this ,act shall become an interim immigration trial judge4 7,b7 ,authority of interim immigration trial judges ,interim immigration judges shall have the authority to exercise all powers of an immigration trial judge as provided in title ,,vi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #fja et seq474 7,c7 ,term of service ,an interim immigration trial judge may serve until the transition period has ended and a successor is appointed1 or for a period not to exceed #e years1 whichever is shorter4 ,an otherwise qualified interim judge may be appointed as an immigration trial judge4 7,d7 ,credit and eligibility for benefits ,service as an interim immigration trial judge shall be included in the same manner as service as an immigration trial judge for purposes of calculating service credit1 retirement eligibility1 and disability4 7,e7 ,separation ,nothing in this ,act or the amendments made by this ,act may be construed to-- 7i7 preclude an interim immigration trial judge who is not appointed for a term appointment by the appellate division under section #fja7;c77#b7 of the ,immigration and ,nationality ,act1 as added by this ,act1 from eligibility for appointment as an administrative judge1 administrative law judge1 and for attorney positions in agencies throughout the ,federal ,government2 or 7ii7 make an interim immigration judge described in clause 7i7 ineligible for early retirement pursuant to section #hccf7;d77#b77;,d7 or #hdad7;b77#a77;,b7 of title #e1 ,united ,states ,code4 7c7 ,first appointments to the united states immigration courts 7#a7 ,appellate division 7,a7 ,in general ,notwithstanding section #fja7;b77#b77;,b7 of the ,immigration and ,nationality ,act as added by this ,act1 the first #ba immigration appeals judges appointed shall serve for the following terms3 7i7 ,the terms of the first #g immigration appeals judges appointed shall terminate on the date that is #e years after the date described in subsection 7a74 7ii7 ,the terms of the next #g immigration appeals judges appointed after the judges referred to in clause 7i7 shall terminate on the date that is #aj years after the date described in subsection 7a74 7iii7 ,the terms of the next #g immigration appeals judges appointed after the judges referred to in clause 7ii7 shall terminate on the date that is #ae years after the date described in subsection 7a74 7,b7 ,succession ,each immigration appeals judge described in subparagraph 7,a7 may continue to serve after the expiration of the designated term if such judge is reappointed in accordance with section #fja7;b77#b77;,b7 of the ,immigration and ,nationality ,act as added by this ,act4 7#b7 ,trial division ,not later than #ahj days before the transition period has ended1 the appellate division shall establish procedures and requirements related to the appointment of immigration trial judges4 7#c7 ,clarification ,notwithstanding paragraphs 7#a7 and 7#b7 and section #fja of the ,immigration and ,nationality ,act1 as added by this ,act1 any individual appointed to fill an immigration trial judge vacancy during the transition period described in subsection 7b77#a7 shall serve only until the transition period has ended and until a successor is appointed in accordance with section #fjb of the ,immigration and ,nationality ,act1 but not more than #a year after the end of the transition period4 7d7 ,prior service credit 7#a7 ,in general ,the period that a covered immigration judge who elects to receive retired pay under section #fjb of the ,immigration and ,nationality ,act1 as added by this ,act1 serves as a member of the ,board of ,immigration ,appeals1 an immigration judge1 or an administrative law judge in the ,executive ,office for ,immigration ,review of the ,department of ,justice1 shall be included1 up to a maximum of #e years1 in the service of such individual on the ,immigration ,courts for purposes of computing the years of service as an immigration judge4 7#b7 ,covered immigration judge defined ,in this subsection1 the term covered immigration judge means-- 7,a7 an immigration appeals judge appointed under section #fja7;b7 of the ,immigration and ,nationality ,act1 as added by this ,act2 7,b7 an immigration trial judge appointed under section #fja7;c7 of the ,immigration and ,nationality ,act1 as added by this ,act2 or 7,c7 an interim immigration trial judge under subsection 7b77#b7 of this section4 #g4 ,institutional transfer2 continuity of proceedings 7a7 ,existing precedent 7#a7 ,in general ,precedential decisions by the ,attorney ,general or the ,board of ,immigration ,appeals under title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 that were issued before the application date of this ,act shall continue to serve as precedent in proceedings before the ,immigration ,courts unless explicitly overruled by such court4 7#b7 ,rules ,to the extent that such rules are consistent with this ,act1 the rules of the ,attorney ,general that were in effect before the application date of this ,act1 shall remain in effect until amended or revoked by the appellate division4 7b7 ,institutional transfer 7#a7 ,executive office for immigration review 7,a7 ,in general ,except as provided in subparagraph 7,b71 all functions under the ,executive ,office for ,immigration ,review on the date that is the day before the application date of this ,act are transferred to the ,immigration ,courts on the application date of this ,act4 7,b7 ,exceptions 7i7 ,,ocaho ,the ,office of the ,chief ,administrative ,hearing ,officer and the functions of the ,executive ,office for ,immigration ,review that support such office shall remain under the ,department of ,justice4 7ii7 ,other functions ,the functions of the ,executive ,office for ,immigration ,review that are not necessary or appropriate for transfer to the ,immigration ,courts shall be reassigned to other agencies within the ,department of ,justice or dissolved at the discretion of the ,attorney ,general4 7#b7 ,transfer and allocation of appropriations and personnel ,except as provided in this section1 the personnel of the ,executive ,office for ,immigration ,review employed in connection with the functions transferred by this section1 and the assets1 liabilities1 contracts1 property1 records1 and unexpended balance of appropriations1 authorizations1 allocations1 and other funds employed1 held1 used1 arising from1 available to1 or to be made available to1 the ,executive ,office for ,immigration ,review1 in connection with the functions transferred by this section1 subject to section #bjb of the ,budget and ,accounting ,procedures ,act of #aiej1 shall be transferred to the ,immigration ,courts on the application date of this ,act4 ,unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated4 7#c7 ,pending cases 7,a7 ,in general ,the enactment of this ,act shall not result in any loss of rights or powers1 interruption of jurisdiction1 or prejudice to matters under title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 which are pending before the ,board of ,immigration ,appeals or an immigration judge on the application date of this ,act4 7,b7 ,transfer ,all proceedings under title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 which are pending before the ,board of ,immigration ,appeals or an immigration judge on the application date of this ,act shall be transferred to the ,immigration ,courts to proceed before the trial division or the appellate division as appropriate4 #h4 ,review by the ,judicial ,conference2 consultation requirements ,the ,judicial ,conference of the ,united ,states shall conduct a review of adjudications in the ,united ,states ,immigration ,courts at least once every #d years1 as part of its comprehensive survey of business in the courts of the ,united ,states conducted pursuant to title #bh1 section #cca4 ,at the conclusion of its review1 the ,judicial ,conference shall submit a report of its findings to the appellate division and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate4 ,the ,committees shall cause to have such report printed in the ,congressional ,record4 #i4 ,technical and conforming provisions 7a7 ,in general ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #aja7;b71 by amending paragraph 7#d7 to read as follows3 7#d7 ,the term immigration judge means an immigration appeals judge or immigration trial judge appointed to serve in the ,united ,states ,immigration ,courts established under title ,,vi4 2 7#b7 in section #bch7;a77#a7-- 7,a7 by striking ,attorney ,general and inserting ,immigration ,courts2 and 7,b7 by striking ,service and inserting ,department of ,homeland ,security2 7#c7 in section #bch7;a77#b71 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#d7 in section #bch7;a77#c7-- 7,a7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,notwithstanding any other provision of law1 in the case of any alien convicted of an aggravated felony1 removal proceedings1 and any administrative appeals thereof1 shall be completed1 to the extent possible1 before the alien's release from incarceration for the underlying aggravated felony4 2 and 7,b7 in subparagraph 7,b71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7#e7 in section #bch7;a77#d77;,a7 by striking ,attorney ,general each place it appears and inserting administrative council of the ,immigration ,courts2 7#f7 in section #bch7;b77#a7 by striking ,attorney ,general and inserting immigration judge2 7#g7 in section #bch7;b77#c7-- 7,a7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,b7 by striking apply for and inserting seek2 7#h7 in section #bch7;b7 by amending paragraph 7#d7 to read as follows-- 7#d7 ,in any proceeding under this subsection-- 7,a7 the alien shall-- 7i7 be given reasonable notice of the charges and of the opportunity described in subparagraph 7,c72 7ii7 have the privilege of being represented 7at no expense to the government7 by such counsel1 authorized to practice in such proceedings1 as the alien shall choose2 and 7iii7 have a reasonable opportunity to inspect the evidence and rebut the charges2 and 7,b7 the immigration judge shall ensure that-- 7i7 a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served 7either in person or by mail7 is1 in fact1 the alien named in such notice2 and 7ii7 a record is maintained for judicial review4 2 7#i7 in section #bch7;b77#e7-- 7,a7 by striking ,attorney ,general and inserting immigration judge2 and 7,b7 by striking ,attorney ,general's and inserting immigration judge's2 7#aj7 by redesignating the second subsection 7c7 of section #bch as subsection 7d7 and in the newly designated subsection 7d7-- 7,a7 by striking ,commissioner in each place such term appears and inserting ,secretary of ,homeland ,security2 7,b7 by striking ,attorney ,general in each place such term appears and inserting ,secretary of ,homeland ,security2 and 7,c7 by striking ,service in paragraph 7#b77;,a7 and inserting ,secretary of ,homeland ,security2 7#aa7 in section #bci7;a7 by striking ,attorney ,general in each place such term appears and inserting ,immigration ,courts2 7#ab7 in section #bci7;b77#b7 by striking ,attorney ,general and inserting ,immigration ,courts2 7#ac7 in section #bci7;b77#c7 by striking ,attorney ,general and inserting immigration judge2 7#ad7 in section #bci7;d77#a7 by striking ,attorney ,general and inserting immigration judge2 7#ae7 in section #bdj7;b7-- 7,a7 by striking paragraphs 7#a7 and 7#f72 7,b7 by redesignating paragraphs 7#b7 through 7#e7 as paragraphs 7#a7 through 7#d71 respectively2 7,c7 by redesignating paragraph 7#g7 as paragraph 7#e72 7,d7 by amending paragraph 7#a7 as redesignated by this paragraph to read as follows3 7#a7 ,form of proceeding ,the proceeding may take place-- 7,a7 in person2 or 7,b7 through video conference1 subject to rules promulgated under section #fbb7;a77#e74 2 7,e7 in paragraph 7#b7 as redesignated by this paragraph1 by striking ,attorney ,general and inserting immigration judge2 7,f7 in paragraph 7#c7 as redesignated by this paragraph-- 7i7 in the matter preceding subparagraph 7,a71 by striking 1 under regulations of the ,attorney ,general2 and 7ii7 in subparagraph 7,a7 by striking 1 at no expense to the ,government1 by counsel of the alien's choosing who is authorized to practice in such proceedings and inserting in accordance with section #fbc7;a72 and 7,g7 in paragraph 7#d77;,a7 as redesignated by this paragraph-- 7i7 by striking ,service and inserting ,government2 and 7ii7 by amending the last sentence to read as follows3 ,written notice shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under section #bci7;a77#a77;,f742 7#af7 in section #bdj7;c77#b71 in the matter following subparagraph 7,b71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7#ag7 in section #bdj7;c77#c7-- 7,a7 by striking service in the heading and inserting government2 and 7,b7 by striking ,service in each place such term appears and inserting ,government2 7#ah7 in section #bdj7;c77#g77;,c77iv77,,ii7-- 7,a7 by striking ,attorney ,general and inserting immigration judge2 and 7,b7 by striking ,immigration and ,naturalization ,service and inserting ,secretary of ,homeland ,security2 7#ai7 in section #bdj7;c77#g77;,c77iv77,,iii7-- 7,a7 by striking ,attorney ,general and inserting immigration judge2 and 7,b7 by striking ,attorney ,general's and inserting immigration judge's2 7#bj7 in section #bdj7;d7 by amending the first sentence to read as follows3 ,an immigration judge may enter an order of removal stipulated to by the alien 7or the alien's representative7 and the ,government42 7#ba7 in section #bdb7;a77#b77;,a7 by striking ,attorney ,general in each place such term appears and inserting ,secretary of ,homeland ,security2 7#bb7 in section #bdb7;a77#b77;,b77ii71 by striking ,attorney ,general each place it appears and inserting the appellate division of the ,immigration ,courts2 7#bc7 in section #bdb7;a71 by adding at the end the following3 7#f7 ,venue ,for purposes of judicial review under this section and section #fbe7;d71 the venue of a proceeding before the court of appeals is in the judicial circuit in which-- 7,a7 an immigration trial judge of the ,immigration ,court issued the original underlying decision in the matter2 or 7,b7 the underlying administrative action reviewed by the appellate division of the ,court occurred4 2 7#bd7 in section #bdb7;b77#b7 by inserting trial after immigration2 7#be7 in section #bdb7;b77#c77;,a7-- 7,a7 by striking ,attorney ,general in the first sentence and inserting ,united ,states2 and 7,b7 by amending the second sentence to read as follows3 ,the petition shall be served on the ,attorney ,general and on the officer or employee of the ,department of ,homeland ,security in charge of the district in which the final order of removal under section #bdj was entered42 7#bf7 in section #bdb7;b77#d77;,d7 by striking ,attorney ,general's and inserting immigration judge's2 7#bg7 in section #bdb7;b77#h7 by striking ,attorney ,general in each place such term appears and inserting ,secretary of ,homeland ,security2 7#bh7 in section #bdb7;e77#b77;,c7 by striking as prescribed by the ,attorney ,general2 7#bi7 in section #bdb7;e77#c77;,a77ii7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7#cj7 in section #bdb7;g7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7#ca7 in section #bdf7;a7-- 7,a7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 and 7,b7 by striking the second sentence and inserting the following3 ,upon request of the individual whose status has been rescinded1 the ,secretary of ,homeland ,security shall refer such rescission to the ,united ,states ,immigration ,courts for review in accordance with section #fjd7;b77#a77;,b744 7b7 ,construction of existing references ,to the extent consistent with this ,act1 each reference in the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 et seq471 or in any rule prescribed thereunder-- 7#a7 to the ,board of ,immigration ,appeals or an immigration judge1 or any administrative appeal1 hearing1 review1 or other proceeding before such ,board or judge1 shall be deemed to refer1 as appropriate1 to the ,united ,states ,immigration ,courts established under title ,,vi of the ,immigration and ,nationality ,act1 as added by this ,act1 to the appropriate division of the ,court1 or to the corresponding proceedings under this ,act before such ,court2 and 7#b7 to the authority of the ,attorney ,general to prescribe rules with respect to the ,executive ,office for ,immigration ,review1 the ,board of ,immigration ,appeals1 immigration judges1 or administrative appeals1 hearings1 reviews1 or other proceedings conducted under the ,immigration and ,nationality ,act1 by such ,office1 ,board1 or judges1 shall be deemed to confer rulemaking authority on the appellate division of the ,united ,states ,immigration ,courts established in title ,,vi of the ,immigration and ,nationality ,act1 as added by this ,act4 7c7 ,financial disclosure reporting ,section #aji of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in paragraph 7#h71 by inserting of the ,united ,states ,immigration ,courts1 after ,court of ,appeals for ,veterans ,claims12 and 7#b7 in paragraph 7#aj71 by inserting ,united ,states ,immigration ,courts1 after ,court of ,appeals for ,veterans ,claims14