8 C.F.R. § 241.3
Detention of aliens during removal period
(a) Assumption of custody. Once the removal period defined in section 241(a)(1) of the Act begins, an alien in the United States will be taken into custody pursuant to the warrant of removal.
(b) Cancellation of bond. Any bond previously posted will be canceled unless it has been breached or is subject to being breached.
(c) Judicial stays. The filing of (or intention to file) a petition or action in a Federal court seeking review of the issuance or execution of an order of removal shall not delay execution of the Warrant of Removal except upon an affirmative order of the court.
(d) Information regarding detainees. Disclosure of information relating to detainees shall be governed by the provisions of 8 CFR 236.3.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 2003–2025 · leading case: Jose Chavez-Alvarez v. Warden York Cnty. Prison, 783 F.3d 469 (3rd Cir. 2015).
Jose Chavez-Alvarez v. Warden York Cnty. Prison, 783 F.3d 469 (3rd Cir. 2015). “§ 1226 (c)(1)(B); See also 8 C.F.R. § 241.3 . 2 . "Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and…”
Guerra v. Shanahan, 831 F.3d 59 (2d Cir. 2016). “8 C.F.R. §§ 241.3 , 241.4(b)(3), 241.8(f).”
Jimenez v. Cronen, 317 F. Supp. 3d 626 (D.D.C. 2018). “4, INS evidently assumed that all aliens would be detained during the removal period.”
Newbrough v. Piedmont Reg'l Jail Auth., 822 F. Supp. 2d 558 (E.D. Va. 2011). “to be a risk to the community or unlikely to comply with the order of removal, may be detained beyond the removal period”), and 8 C.F.R. § 241.3 (listing alien’s flight risk and potential threat to the community as factors warranting detention), with 18 U.”
Ulysse v. Dep't of Homeland Sec., 291 F. Supp. 2d 1318 (M.D. Fla. 2003). “2003); see 8 C.F.R. § 241.3 . The 90-day removal period is to begin on the latest of the following: (i) The date the order of removal becomes administratively final, (ii) If the removal order is judicially reviewed and if a court orders a stay of the removal of the alien, the…”
Mei Ying Fong v. Ashcroft, 317 F. Supp. 2d 398 (S.D.N.Y. 2004). “8 C.F.R. § 241.3 (c). As the Assistant United States Attorney stated at the hearing that went forward at 3:00 p.”
Probodanu v. Sessions, 387 F. Supp. 3d 1031 (C.D. Cal. 2019). “§ 1231(a)(2) ; 8 C.F.R. § 241.3 (a). If the noncitizen does not leave or is not removed within the removal period, he or she may be released subject to an order of supervision.”
Campbell v. Washburn (M.D. Ga. 2023). “§ 1231 (a)(1)(B)(ii); 8 C.F.R. § 241.3 (c) (“The filing of (or intention to file) a petition or action in a Federal court seeking review of the issuance or execution of an order of removal shall not delay execution of the Warrant of Removal except upon an affirmative order of…”
I.V.I. v. Baker (D. Maryland 2025). “§ 1231 (@)(1)(A): “shall detain,” id § 1231(a)(2)(A); “will be taken into custody,” 8 C.F.R. § 241.3 (a). See Xi v. INS, 298 F.”
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