; and (B) by adding at the end the following: (B) Prohibition on removal An alien shall not be removed during such 30-day period unless the alien indicates in writing that he or she wishes to be removed before the expiration of such period. . (2) by striking paragraph (4) and inserting the following: (4) Scope and standard for review (A) In general Except as provided in paragraph (5)(B), the court of appeals shall sustain a final decision ordering removal unless it is contrary to law, an abuse of discretion, or not supported by substantial evidence. (B) Decision based on administrative record The court of appeals shall decide the petition based solely on the administrative record on which the order of removal is based. (C) Availability of review (i) In general The court of appeals shall maintain jurisdiction to review discretionary determinations arising in a claim for asylum. (ii) Jurisdiction over denials Notwithstanding section 242(a)(2)(C), the court of appeals shall maintain jurisdiction to review all denials of requests for withholding of removal under to section 241(b)(3) or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. . 133. Presumption of liberty for asylum seekers (a) Custody determination (1) Initial determination (A) In general With respect to an alien who has expressed fear of returning to his or her home country or an intent to apply for asylum in the United States, the Secretary shall make an initial written custody determination with respect to the alien and provide the determination to the alien not later than 48 hours after, as applicable— (i) the Secretary takes the alien into custody