; or (ix) attempted to engage in an offense described in paragraphs (1) through (8) above, or engaged in conduct punishable under sections 2 through 4, and sections 371 through 373 of title 18, United States Code, in furtherance of such an offense. ; and (4) by adding at the end, at the end of the matter following paragraph (10) (as inserted in this section), the following: An alien shall be deemed to have admitted the essential elements of an offense upon an oral or written statement to such effect, or upon a conviction or formal finding by a competent Federal, State or local court, tribunal or military proceeding that said person has engaged in unlawful conduct whose essential elements include those that would be required for conviction of a disqualifying offense. A determination by the Secretary of Homeland Security or Attorney General that an alien does not exhibit good moral character based on gang membership, association, affiliation, or provision of material support, may be based upon any relevant information or evidence, including classified, law enforcement sensitive, or national security information and shall be binding upon any court regardless of the applicable standard of review. . 5. Prohibition against filing (a) In general No person who— (1) is or has ever been a member, associate or affiliate of, or who has ever provided material support to, a criminal gang as defined in section 101 of the Immigration and Nationality Act; (2) is or has ever been a member, associate or affiliate of, or who has ever provided material support to, a criminal street gang as defined in section 520 of title 18 of the United States Code