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S 2443 108th Congress Senate

Fairness in Immigration Litigation Act

Official title: A bill to reform the judicial review process of orders of removal for purposes of the Immigration and Nationality Act.

Introduced: May 19, 2004 See on congress.gov
Immigration Administrative remediesAliensAppellate courtsAppellate procedure
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Civil Rights and Liberties, Minority IssuesConstitutional lawCrime and Law EnforcementDepartment of Homeland SecurityDeportationEvidence (Law)Government Operations and PoliticsHabeas corpusInjunctionsInternational AffairsJudicial reviewJurisdictionLawMinoritiesPolitical persecution
This bill died when the 108th Congress ended
It never became law before the 108th Congress (2003–2004) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
May 19, 2004
Read twice and referred to the Committee on the Judiciary.
May 19, 2004
Introduced in Senate
May 19, 2004
Sponsor introductory remarks on measure. (CR S5802-5803)
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 Latest action May 19, 2004

Read twice and referred to the Committee on the Judiciary.

 Plain-English summary Congressional Research Service

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.

 Related & companion bills 1
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). S. 2443: Fairness in Immigration Litigation Act. 108th Congress. Open America. https://openamerica.io/bill/108-S-2443/
MLA
"S. 2443: Fairness in Immigration Litigation Act." 108th Congress, 2026, Open America, https://openamerica.io/bill/108-S-2443/.
Bluebook (legal)
S. 2443, 108th Cong. (2026), https://openamerica.io/bill/108-S-2443/.
Markdown link
[S. 2443: Fairness in Immigration Litigation Act](https://openamerica.io/bill/108-S-2443/)
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