8 USC 1536 - Custody and release pending removal hearing

U.S Code last checked for updates: Apr 27, 2024

§ 1536.

Custody and release pending removal hearing

(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

(3)

Release if order denied and no review sought

(A)

In general

(B)

Application of regular procedures

(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

(June 27, 1952, ch. 477, title V, § 506, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1265.)

cite as: 8 USC 1536