Continued detention of removable aliens on account of special circumstances.

CFR · 2024-01-01 · US · Title 8

(a) (1) (2) (b)-(e) [Reserved] (f) (i) The alien has previously committed one or more crimes of violence as defined in 18 U.S.C. 16; (ii) Due to a mental condition or personality disorder and behavior associated with that condition or disorder, the alien is likely to engage in acts of violence in the future; and (iii) No conditions of release can reasonably be expected to ensure the safety of the public. (2) (3) (4) (g) (1) (2) (3) (i) The alien shall be provided with the List of Pro Bono Legal Service Providers for the immigration court at which the hearing is being held, and may be represented by an attorney or other representative of his or her choice in accordance with 8 CFR part 1292, at no expense to the Government; (ii) The Immigration Court shall provide an interpreter for the alien, if necessary, for the reasonable cause hearing and the merits hearing. (iii) The alien shall have a reasonable opportunity to examine evidence against the alien, to present evidence in the alien's own behalf, and to cross-examine witnesses presented by the Service; and (iv) The alien shall have the right, at the merits hearing, to cross-examine the author of any medical or mental health reports used as a basis for the determination under paragraph (f) of this section that the alien is specially dangerous. (4) (h) (1) (2) (3) (4) (i) If the Service reserves appeal of a dismissal of the reasonable cause hearing, the immigration judge's order shall be stayed until the expiration of the time

official document · source cfr-2024 · id 8:§ 1241.14