
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1536]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
            SUBCHAPTER V--ALIEN TERRORIST REMOVAL PROCEDURES
 
Sec. 1536. Custody and release pending removal hearing


(a) Upon filing application

                           (1) In general

        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) Special rules for permanent resident aliens

        (A) Release hearing

            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) 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 of this chapter.

(b) Conditional release if order denied and review sought

                           (1) In general

        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) 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, Sec. 506, as added Pub. L. 104-132, 
title IV, Sec. 401(a), Apr. 24, 1996, 110 Stat. 1265.)
