(i) Denial or revocation The Secretary of Homeland Security shall deny or revoke the approval of a petition, application, or benefit described in this paragraph if, in the Secretary's discretion, such approval is deemed contrary to the national interest of the United States due to concerns regarding public safety or national security.
(ii) Documents The documents referred to in this clause include: (I) Certification, designation, or amendment to the designation of a regional center; (II) Petition seeking classification of an alien as an alien investor under this paragraph; (III) Petition to remove conditions under section 1186b of this title; (IV) Application for approval of a business plan in a new commercial enterprise under subparagraph (F); (V) Document demonstrating conditional permanent resident status issued to an alien pursuant to section 1186b of this title.
(iii) Debarment If a regional center, new commercial enterprise, or job-creating entity has its designation or participation in the program under this paragraph terminated due to concerns regarding public safety or national security, any individual associated with such entities, including an alien investor, shall be permanently barred from future participation in the program if the Secretary of Homeland Security determines, by a preponderance of the evidence, that such individual knowingly participated in the conduct leading to the termination.
(iv) Notice If the Secretary of Homeland Security determines that a petition, application, or benefit described in this paragraph should be denied or revoked under clause (i): (I) The relevant individual, regional center, or commercial entity shall be notified of such determination; (II) The petition, application, or benefit shall be denied or revoked, or the permanent resident status of the alien (and the alien spouse and alien children of such immigrant) shall be terminated as of the date of such determination; (III) Any United States-owned regional center, new commercial enterprise, or job creating entity shall be provided an explanation for such determination unless the relevant information is classified or disclosure is otherwise prohibited under law.
(v) Judicial review No court shall have jurisdiction to review a denial or revocation under this subparagraph, except for constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals in accordance with section 1252 of this title.
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