§1536 — Title 8 Aliens and Nationality | U.S. Code

Summary

The Attorney General can arrest and hold any noncitizen when an application under section 1533 has been filed. A person who is a lawfully admitted permanent resident (green card holder) gets a special release hearing before the judge who will hear the removal case. That person stays in custody until the removal hearing unless they prove they are a permanent resident, are not likely to run away if released on court terms (including money), and will not threaten national security or public safety. The judge may look at secret evidence in private and without the other side present. If the judge denies the requested order and the Attorney General does not ask for review, the person must be released, though that does not stop arrest under subchapter II. If the Attorney General does seek review, the judge must release the person under the least restrictive conditions listed in 18 U.S.C. 3142(b) and clauses (i)–(xiv) of 3142(c)(1)(B) that will ensure the person returns to future hearings and will not endanger others. If no such conditions exist, the person stays detained until any appeal ends.

Title 8, §1536

Aliens and Nationality — Source: USLM XML via OLRC

(a)(1)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)(A)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)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)(A)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)Subparagraph (A) shall not prevent the arrest and detention of the alien pursuant to subchapter II.

(b)(1)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)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.

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.

§1536 Custody and release pending removal hearing

Summary

Title 8, §1536

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata