8 U.S.C. § 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)

section 1533 of this title take into custody any alien with respect to whom an application under 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

section 1533 of this titleSubject to subparagraph (B), if a judge of the removal court denies the order sought in an application filed pursuant to , 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

section 1533 of this title section 3142(c)(1)(B) of title 18If a judge of the removal court denies the order sought in an application filed pursuant to 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 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.

June 27, 1952, ch. 477 Pub. L. 104–132, title IV, § 401(a)Apr. 24, 1996110 Stat. 1265 (, title V, § 506, as added , , .)

Statutory Notes and Related Subsidiaries

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .