§1533 Removal Court Procedure

Summary

When the Attorney General has classified evidence that a noncitizen is an "alien terrorist," the Attorney General can ask the removal court to start a removal case. The request must name the Justice Department lawyer who files it, include a certification by the Attorney General or Deputy Attorney General, identify the person involved, and give the facts the government relies on to show probable cause that the person is an alien terrorist, is in the United States, and that removing them under subchapter II would threaten national security. The request is filed in secret, with only the government presenting the material in a closed session. One judge reviews the sealed material. The judge may consider other classified evidence under oath and hold a hearing with a verbatim record. The judge must grant the request if there is probable cause on the identity, terrorist status, and national security risk. If the judge denies it, they must write reasons without revealing classified information. If the judge grants the order, the person’s removal rights are handled only under this subchapter and not by other parts of the immigration law except as this subchapter says.