§ 1536. — Custody and release pending removal hearing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1536]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER V--ALIEN TERRORIST REMOVAL PROCEDURES
Sec. 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
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 of this chapter.
(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.
(June 27, 1952, ch. 477, title V, Sec. 506, as added Pub. L. 104-132,
title IV, Sec. 401(a), Apr. 24, 1996, 110 Stat. 1265.)
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
