§1536 Custody and Release Pending Removal Hearing

Summary

When an application is filed to seek a court order to keep a noncitizen detained, the Attorney General can take that person into custody and keep them detained under the rules in this part. A lawful permanent resident gets a release hearing before the judge handling the removal case. That person stays detained until the removal hearing unless they show the judge all three things: they really are a lawful permanent resident, they are unlikely to run if released under court terms (including posting money if required), and they would not threaten national security or anyone’s safety. The judge can review classified evidence in private when deciding. If the judge denies the requested detention order and the government does not appeal, the person must be released (subject to other normal arrest rules). If the judge denies the order but the government does appeal, the judge must release the person under the least restrictive conditions that will ensure they return for future proceedings and will not be dangerous. If no such conditions exist, the person stays in custody until the appeal is finished.