8 USC 1536 – Custody and release pending removal hearing
Terms Used In 8 USC 1536
- alien: means any person not a citizen or national of the United States. See 8 USC 1101
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Attorney General: means the Attorney General of the United States. See 8 USC 1101
- lawfully admitted for permanent residence: means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. See 8 USC 1101
- national: means a person owing permanent allegiance to a state. See 8 USC 1101
- permanent: means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law. See 8 USC 1101
- person: means an individual or an organization. See 8 USC 1101
- removal court: means the court described in section 1532 of this title. See 8 USC 1531
- removal hearing: means the hearing described in section 1534 of this title. See 8 USC 1531
- residence: means the place of general abode. See 8 USC 1101
- United States: except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. See 8 USC 1101
(a) Upon filing application
(1) In general
Subject to paragraphs (2) and (3), the Attorney General may—
(A) take into custody any alien with respect to whom an application under section 1533 of this title has been filed; and
(B) retain such an alien in custody in accordance with the procedures authorized by this subchapter.
(2) Special rules for permanent resident aliens
(A) Release hearing
An alien lawfully admitted for permanent residence shall be entitled to a release hearing before the judge assigned to hear the removal hearing. Such an alien shall be detained pending the removal hearing, unless the alien demonstrates to the court that the alien—
(i) is a person lawfully admitted for permanent residence in the United States;
(ii) if released upon such terms and conditions as the court may prescribe (including the posting of any monetary amount), is not likely to flee; and
(iii) will not endanger national security, or the safety of any person or the community, if released.
(B) Information considered
The judge may consider classified information submitted in camera and ex parte in making a determination whether to release an alien pending the removal hearing.
(3) Release if order denied and no review sought
(A) In general
Subject to subparagraph (B), if a judge of the removal court denies the order sought in an application filed pursuant to section 1533 of this title, and the Attorney General does not seek review of such denial, the alien shall be released from custody.
(B) Application of regular procedures
Subparagraph (A) shall not prevent the arrest and detention of the alien pursuant to subchapter II.
(b) Conditional release if order denied and review sought
(1) In general
If a judge of the removal court denies the order sought in an application filed pursuant to section 1533 of this title and the Attorney General seeks review of such denial, the judge shall release the alien from custody subject to the least restrictive condition, or combination of conditions, of release described in section 3142(b) and clauses (i) through (xiv) of section 3142(c)(1)(B) of title 18 that—
(A) will reasonably assure the appearance of the alien at any future proceeding pursuant to this subchapter; and
(B) will not endanger the safety of any other person or the community.
(2) No release for certain aliens
If the judge finds no such condition or combination of conditions, as described in paragraph (1), the alien shall remain in custody until the completion of any appeal authorized by this subchapter.