; and (2) compel administrative action on an application or petition filed by or on behalf of the alien that is unlawfully withheld or unreasonably delayed. (b) Trial division proceedings The decision of an immigration trial judge shall be based only on the evidence produced at the hearing and shall set forth the judge’s findings of fact, reasoning to support discretionary determinations, and conclusions of law. Immigration trial judges may take judicial notice of commonly known facts. (c) Review by appellate division (1) In general In considering an appeal from an immigration trial judge decision, the appellate division shall limit its review to the scope of issues raised on appeal and shall conduct its review of the decision based on the record of proceedings of the trial division. (2) Fact finding Aside from taking judicial notice of commonly known facts, the appellate division shall not engage in fact finding in considering an appeal of an immigration trial judge decision, and shall defer to the factual findings of the immigration trial judge unless such findings are challenged and determined to be clearly erroneous. (d) Review by the united states courts of appeals A decision of the appellate division may be appealed by a party to such proceeding and reviewed by the United States court of appeals for the judicial circuit wherein venue lies, in accordance with section 242, as applicable. If the Government appeals a decision pursuant to this subsection, and the court finds that the alien party to such appeal is financially unable to obtain adequate representation, representation for such alien shall be provided through the plan for representation on appeal that is in effect under section 3006A of title 18, United States Code. . (b) Clerical amendment The table of contents at the beginning of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by adding at the end the following new items: TITLE VI—UNITED STATES IMMIGRATION COURTS Subtitle A—Organization and Jurisdiction Sec. 601.