Continued detention of removable aliens on account of special circumstances.

CFR · 2024-01-01 · US · Title 8

(a) (1) (2) (b) (1) (2) (c) (i) Without regard to the grounds upon which the alien has been found inadmissible or removable, the alien is a person described in section 212(a)(3)(C) or section 237(a)(4)(C) of the Act; (ii) The alien's release is likely to have serious adverse foreign policy consequences for the United States; and (iii) No conditions of release can reasonably be expected to avoid those serious adverse foreign policy consequences, (2) (3) (d) (i) The alien is a person described in section 212(a)(3)(A) or (B) or section 237(a)(4)(A) of (B) of the Act or the alien has engaged or will likely engage in any other activity that endangers the national security; (ii) The alien's release presents a significant threat to the national security or a significant risk of terrorism; and (iii) No conditions of release can reasonably be expected to avoid the threat to the national security or the risk of terrorism, as the case may be. (2) (i) The Service shall provide a description of the factual basis for the alien's continued detention; and (ii) The alien shall have a reasonable opportunity to examine evidence against him or her, and to present information on his or her own behalf. (3) (i) An immigration officer shall, if possible, conduct an interview in person and take a sworn question-and-answer statement from the alien, and the Service shall provide an interpreter for such interview, if such assistance is determined to be appropriate; and (ii) The alien may be accompanied

official document · source cfr-2024 · id 8:§ 241.14