8 U.S.C. § 1536

Custody and release pending removal hearing

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(a) Upon filing application(1) In generalSubject 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) Special rules for permanent resident aliens(A) Release hearingAn 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) Information considered

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) Release if order denied and no review sought(A) In general

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) Application of regular procedures

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

(b) Conditional release if order denied and review sought(1) In generalIf 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) No release for certain aliens

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.

(June 27, 1952, ch. 477, title V, § 506, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1265.)Statutory Notes and Related SubsidiariesAbolition 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.

Notes of Decisions

Cited in 3 cases, 1999–2018 · leading case: Demore v. Kim

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Demore v. Kim (2003) scotus · cites it 2× “[14] This is surely little enough, given the fact that 8 U. S. C. § 1536 gives an LPR charged with being a foreign terrorist the right to a release hearing pending a determination that he be removed.”

Kiareldeen v. Reno (1999) njd “§ 1534 (e)(3)(A); see also 8 U.S.C. § 1536 (a)(2)(B). By negative implication, the petitioner argues that Congress’ failure to expressly provide for the use of confidential information in custody hearings must be interpreted as an expression of congressional intent to limit such…”

United States v. Mallett (2018) ca10 “Mallett eventually filed the instant § 2241 petition in district court asserting a right to be immediately released and deported to the United Kingdom pursuant to the provisions of 8 U.S.C. § 1536 (a)(3) and 8 U.S.C. § 1537 (a)(1)-(2).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.