8 U.S.C. § 1242

PROCESSING MECHANISMS.

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“(a)In General.—The Secretary of State, in consultation with the Secretary of Homeland Security, shall establish or use existing refugee processing mechanisms in Iraq and in countries, where appropriate, in the region in which—“(1) aliens described in section 1243 may apply and interview for admission to the United States as refugees; and“(2) aliens described in section 1244(b) may apply and interview for admission to United States as special immigrants.“(b)Suspension.—If such is determined necessary, the Secretary of State, in consultation with the Secretary of Homeland Security, may suspend in-country processing under subsection (a) for a period not to exceed 90 days. Such suspension may be extended by the Secretary of State upon notification to the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Foreign Relations of the Senate. The Secretary of State shall submit to such committees a report outlining the basis of any such suspension and any extensions thereof.“(c)Improved Application Process.—“(1)In general.—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [Dec. 26, 2013], the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall improve the efficiency by which applications for special immigrant visas under section 1244(a), are processed so that all steps under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, should be completed not later than 9 months after the date on which an eligible alien submits all required materials to complete an application for such visa.“(2)Construction.—Nothing in this section shall be construed to limit the ability of a Secretary referred to in paragraph (1) to take longer than 9 months to complete those steps incidental to the issuance of such visas in high-risk cases for which satisfaction of national security concerns requires additional time.“(d)Representation.—An alien applying for admission to the United States pursuant to this subtitle may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2008–2024 · leading case: Smith v. Garland

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Smith v. Garland (2024) ca9 “STANDARD OF REVIEW While we generally lack jurisdiction to review a final order of removal premised on an aggravated felony conviction, 8 U.S.C. § 1242 (a)(2)(C), we retain jurisdiction over “constitutional claims or questions of law,” id.”

United States v. Marin-Quintero (2008) nysd · cites it 2× “On July 23, 2008, Marin-Quintero filed the instant motion seeking immediate deportation to Colombia, pursuant to Section 242(h)(2) (A) of the Immigration and Nationality Act (“INA”), 8 USC § 1242 (h)(2)(a) (“ § 1242”). MarinQuintero argues that he qualifies as an “alien,” as…”

Garcia-Aucca v. Holder (2010) ca9 “2008) (holding that the jurisdiction stripping provision found at 8 U.S.C. § 1242 (a)(2)(C) applies only to removal orders, not to applications for asylum, withholding of removal, or CAT relief).”

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