§1533 — Title 8 Aliens and Nationality | U.S. Code

Summary

Allows the Attorney General to ask a special removal court to start a case against someone the Attorney General has classified as an alien terrorist. The Attorney General must file a sealed, private application that names the DOJ lawyer making the request, includes a certification by the Attorney General or the Deputy Attorney General that it meets the rules, identifies the alien, and gives facts showing probable cause that the person is an alien terrorist, is physically in the United States, and that removal under subchapter II would threaten national security. The Attorney General can drop the case at any time. A single judge may review the sealed filing and other classified evidence or sworn testimony in private. The judge will order the case only if there is probable cause on identification, terrorist status, and the national-security risk. If the judge denies the request, the judge must write reasons without revealing classified material. If the judge grants it, the alien’s removal rights are governed only by this subchapter.

Title 8, §1533

Aliens and Nationality — Source: USLM XML via OLRC

(a)(1)In any case in which the Attorney General has classified information that an alien is an alien terrorist, the Attorney General may seek removal of the alien under this subchapter by filing an application with the removal court that contains—

(A)the identity of the attorney in the Department of Justice making the application;

(B)a certification by the Attorney General or the Deputy Attorney General that the application satisfies the criteria and requirements of this section;

(C)the identity of the alien for whom authorization for the removal proceeding is sought; and

(D)a statement of the facts and circumstances relied on by the Department of Justice to establish probable cause that—

(i)the alien is an alien terrorist;

(ii)the alien is physically present in the United States; and

(iii)with respect to such alien, removal under subchapter II would pose a risk to the national security of the United States.

(2)An application under this section shall be submitted ex parte and in camera, and shall be filed under seal with the removal court.

(b)The Attorney General may dismiss a removal action under this subchapter at any stage of the proceeding.

(c)(1)In determining whether to grant an application under this section, a single judge of the removal court may consider, ex parte and in camera, in addition to the information contained in the application—

(A)other information, including classified information, presented under oath or affirmation; and

(B)testimony received in any hearing on the application, of which a verbatim record shall be kept.

(2)The judge shall issue an order granting the application, if the judge finds that there is probable cause to believe that—

(A)the alien who is the subject of the application has been correctly identified and is an alien terrorist present in the United States; and

(B)removal under subchapter II would pose a risk to the national security of the United States.

(3)If the judge denies the order requested in the application, the judge shall prepare a written statement of the reasons for the denial, taking all necessary precautions not to disclose any classified information contained in the Government’s application.

(d)If an order is issued under this section granting an application, the rights of the alien regarding removal and expulsion shall be governed solely by this subchapter, and except as they are specifically referenced in this subchapter, no other provisions of this chapter shall be applicable.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (d), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1101 of this title and Tables.

Statutory Notes and Related Subsidiaries

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.

§1533 Removal court procedure

Summary

Title 8, §1533

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata