text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Fairness in Immigration Litigation 
  Act''.
  
  SEC. 2. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
  
      (a) In General.--Section 242 of the Immigration and Nationality Act 
  (8 U.S.C. 1252) is amended--
              (1) in subsection (a)--
                      (A) in paragraph (2)--
                              (i) in subparagraphs (A), (B), and (C), by 
                          inserting ``(statutory and nonstatutory), 
                          including section 2241 of title 28, United 
                          States Code, or any other habeas corpus 
                          provision, and sections 1361 and 1651 of title 
                          28, United States Code'' after 
                          ``Notwithstanding any other provision of law''; 
                          and
                              (ii) by adding at the end the following:
                      ``(D) Judicial review of certain legal claims.--
                  Nothing in this paragraph shall be construed as 
                  precluding consideration by the circuit courts of 
                  appeals of constitutional claims or pure questions of 
                  law raised upon petitions for review filed in 
                  accordance with this section. Notwithstanding any other 
                  provision of law (statutory and nonstatutory), 
                  including section 2241 of title 28, United States Code, 
                  or, except as provided in subsection (e), any other 
                  habeas corpus provision, and sections 1361 and 1651 of 
                  title 28, United States Code, such petitions for review 
                  shall be the sole and exclusive means of raising any 
                  and all claims with respect to orders of removal 
                  entered or issued under any provision of this Act.''; 
                  and
                      (B) by adding at the end the following:
              ``(4) Claims under the united nations convention.--
          Notwithstanding any other provision of law (statutory and 
          nonstatutory), including section 2241 of title 28, United 
          States Code, or any other habeas corpus provision, and sections 
          1361 and 1651 of title 28, United States Code, a petition for 
          review by the circuit courts of appeals filed in accordance 
          with this section is the sole and exclusive means of judicial 
          review of claims arising under the United Nations Convention 
          Against Torture and Other Forms of Cruel, Inhuman, or Degrading 
          Treatment or Punishment.
              ``(5) Exclusive means of review.--The judicial review 
          specified in this subsection shall be the sole and exclusive 
          means for review by any court of an order of removal entered or 
          issued under any provision of this Act. For purposes of this 
          title, in every provision that limits or eliminates judicial 
          review or jurisdiction to review, the terms `judicial review' 
          and `jurisdiction to review' include habeas corpus review 
          pursuant to section 2241 of title 28, United States Code, or 
          any other habeas corpus provision, sections 1361 and 1651 of 
          title 28, United States Code, and review pursuant to any other 
          provision of law.'';
              (2) in subsection (b)--
                      (A) in paragraph (3)(B), by inserting ``pursuant to 
                  subsection (f)'' after ``unless''; and
                      (B) in paragraph (9), by adding at the end the 
                  following: ``Except as otherwise provided in this 
                  subsection, no court shall have jurisdiction, by habeas 
                  corpus under section 2241 of title 28, United States 
                  Code, or any other habeas corpus provision, by section 
                  1361 or 1651 of title 28, United States Code, or by any 
                  other provision of law (statutory or nonstatutory), to 
                  hear any cause or claim subject to these consolidation 
                  provisions.'';
              (3) in subsection (f)(2), by inserting ``or stay, by 
          temporary or permanent order, including stays pending judicial 
          review,'' after ``no court shall enjoin''; and
              (4) in subsection (g), by inserting ``(statutory and 
          nonstatutory), including section 2241 of title 28, United 
          States Code, or any other habeas corpus provision, and sections 
          1361 and 1651 of title 28, United States Code'' after 
          ``notwithstanding any other provision of law''.
      (b) Effective Date.--The amendments made by subsection (a) shall 
  take effect upon the date of enactment of this Act and shall apply to 
  cases in which the final administrative removal order was issued 
  before, on, or after the date of enactment of this Act.
  
  SEC. 3. CONSOLIDATION OF APPEALS.
  
      (a) In General.--Section 242(b)(2) of the Immigration and 
  Nationality Act (8 U.S.C. 1252(b)(2)), is amended by striking the first 
  sentence and inserting the following: ``The petition for review shall 
  be filed with the court of appeals for the Federal Circuit.''.
      (b) Effective Date.--The amendment made by subsection (a) shall 
  apply to any final agency order that was entered on or after the date 
  of enactment of this Act.
  
  SEC. 4. ADDITIONAL REMOVAL AUTHORITIES.
  
      (a) In General.--Section 241(b) of the Immigration and Nationality 
  Act (8 U.S.C. 1231(b)) is amended--
              (1) in paragraph (1)--
                      (A) in each of subparagraphs (A) and (B), by 
                  striking the period at the end and inserting ``unless, 
                  in the opinion of the Secretary of Homeland Security, 
                  removing the alien to such country would be prejudicial 
                  to the United States.''; and
                      (B) by amending subparagraph (C) to read as 
                  follows:
                      ``(C) Alternative countries.--If the alien is not 
                  removed to a country designated in subparagraph (A) or 
                  (B), the Secretary of Homeland Security shall remove 
                  the alien to--
                              ``(i) the country of which the alien is a 
                          citizen, subject, or national, where the alien 
                          was born, or where the alien has a residence, 
                          unless the country physically prevents the 
                          alien from entering the country upon the 
                          alien's removal there; or
                              ``(ii) any country whose government will 
                          accept the alien into that country.''; and
              (2) in paragraph (2)--
                      (A) by striking ``Attorney General'' each place 
                  such term appears and inserting ``Secretary of Homeland 
                  Security'';
                      (B) by amending subparagraph (D) to read as 
                  follows:
                      ``(D) Alternative countries.--If the alien is not 
                  removed to a country designated under subparagraph 
                  (A)(i), the Secretary of Homeland Security shall remove 
                  the alien to a country of which the alien is a subject, 
                  national, or citizen, where the alien was born, or 
                  where the alien has a residence, unless--
                              ``(i) such country physically prevents the 
                          alien from entering the country upon the 
                          alien's removal there; or
                              ``(ii) in the opinion of the Secretary of 
                          Homeland Security, removing the alien to the 
                          country would be prejudicial to the United 
                          States.''; and
                      (C) by amending subparagraph (E)(vii) to read as 
                  follows:
                              ``(vii) Any country whose government will 
                          accept the alien into that country.''.
      (b) Effective Date.--The amendments made by subsection (a) shall 
  take effect on the date of the enactment of this Act and shall apply to 
  any deportation, exclusion, or removal on or after such date pursuant 
  to any deportation, exclusion, or removal order, regardless of whether 
  such order is administratively final before, on, or after such date.
  
  SEC. 5. BURDEN OF PROOF.
  
      (a) Conditions for Granting Asylum.--Section 208(b) of the 
  Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended--
              (1) in paragraph (1), by striking ``The Attorney General'' 
          and inserting the following:
                      ``(A) Eligibility.--The Secretary of Homeland 
                  Security or the Attorney General''; and
              (2) by adding at the end the following:
                      ``(B) Burden of proof.--The burden of proof is on 
                  the applicant to establish that the applicant is a 
                  refugee within the meaning of section 101(a)(42)(A). To 
                  establish that the applicant is a refugee within the 
                  meaning of this Act, the applicant must establish that 
                  race, religion, nationality, membership in a particular 
                  social group, or political opinion was or will be the 
                  central motive for persecuting the applicant. The 
                  testimony of the applicant, only if it is credible, is 
                  persuasive, and refers to specific facts that 
                  demonstrate that the applicant is a refugee, may be 
                  sufficient to sustain such burden without 
                  corroboration. Where the trier of fact finds that it is 
                  reasonable to expect corroborating evidence for certain 
                  alleged facts pertaining to the specifics of the 
                  applicant's claim, such evidence must be provided 
                  unless a reasonable explanation is given as to why such 
                  information is not provided. The credibility 
                  determination of the trier of fact may be based, in 
                  addition to other factors, on the demeanor, candor, or 
                  responsiveness of the applicant or witness, the 
                  consistency between the applicant's or witness's 
                  written and oral statements, whether or not under oath, 
                  made at any time to any officer, agent, or employee of 
                  the United States, the internal consistency of each 
                  such statement, the consistency of such statements with 
                  the country conditions in the country from which the 
                  applicant claims asylum, as presented by the Department 
                  of State, and any inaccuracies or falsehoods in such 
                  statements. These factors may be considered 
                  individually or cumulatively.''.
      (b) Standard of Review for Orders of Removal.--Section 242(b)(4) of 
  the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by 
  adding after subparagraph (D) the following flush language:
          ``No court shall reverse a determination made by an adjudicator 
          with respect to the availability of corroborating evidence as 
          described in section 208(b)(1)(B), unless the court finds that 
          a reasonable adjudicator is compelled to conclude that such 
          corroborating evidence is unavailable.''.
      (c) Effective Date.--The amendment made by subsection (b) shall 
  take effect upon the date of enactment of this Act and shall apply to 
  cases in which the final administrative removal order was issued 
  before, on, or after the date of enactment of this Act.
  
  SEC. 6. EFFECTIVE DATE.
  
      This Act and the amendments made by this Act shall take effect upon 
  the date of enactment of this Act.
target: Fairness in Immigration Litigation Act - Amends the Immigration and Nationality Act (INA) to preclude aliens, including criminal aliens, from seeking judicial review of removal orders or the denial of specified discretionary relief through habeas corpus, mandamus, or other extraordinary petitions.
  
   Declares that this Act does not preclude circuit court review on appeal of constitutional claims or pure questions of law.
  
  Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment.
  
  Limits judicial authority to grant stays of removal.
  
  Requires all petitions for review of removal orders to be filed in the U.S. Court of Appeals for the Federal Circuit.
  
  Expands the list of alternative countries to which an alien may be removed in the event that the country otherwise designated is unwilling to accept the alien.
  
  Requires asylum applicants to: (1) show that one of five statutory bases was the central motive for persecution in order to establish refugee status; and (2) submit corroborating evidence where it is reasonable for the trier of fact to expect such evidence. Lists factors relevant to credibility determinations in asylum cases. Precludes the reversal of determinations concerning the availability of corroborating evidence unless the court finds that a reasonable adjudicator is compelled to conclude that such corroborating evidence is unavailable.
feat_title: A bill to reform the judicial review process of orders of removal for purposes of the Immigration and Nationality Act.