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SEC.
101. AGRICULTURAL WORKERS.
(g)
ADMINISTRATIVE AND JUDICIAL REVIEW-
(1)
IN GENERAL- There shall be no administrative or judicial review
of a determination respecting an application for status under
subsection (a) or (c) except in accordance with this subsection.
(2)
ADMINISTRATIVE REVIEW-
(A) SINGLE LEVEL OF ADMINISTRATIVE APPELLATE REVIEW- The Secretary
shall establish an appellate authority to provide for a single
level of administrative appellate review of such a determination.
(B)
STANDARD FOR REVIEW- Such administrative appellate review
shall be based solely upon the administrative record established
at the time of the determination on the application and upon
such additional or newly discovered evidence as may not have
been available at the time of the determination.
(3)
JUDICIAL REVIEW-
(A)
LIMITATION TO REVIEW OF REMOVAL- There shall be judicial review
of such a determination only in the judicial review of an
order of removal under section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252).
(B)
STANDARD FOR JUDICIAL REVIEW- Such judicial review shall be
based solely upon the administrative record established at
the time of the review by the appellate authority and the
findings of fact and determinations contained in such record
shall be conclusive unless the applicant can establish abuse
of discretion or that the findings are directly contrary to
clear and convincing facts contained in the record considered
as a whole.
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