Continued detention of inadmissible, criminal, and other aliens beyond the removal period.

CFR · 2024-01-01 · US · Title 8

(a) (1) An alien ordered removed who is inadmissible under section 212 of the Act, including an excludable alien convicted of one or more aggravated felony offenses and subject to the provisions of section 501(b) of the Immigration Act of 1990, Public Law 101-649, 104 Stat. 4978, 5048 (codified at 8 U.S.C. 1226(e)(1) through (e)(3)(1994)); (2) An alien ordered removed who is removable under section 237(a)(1)(C) of the Act; (3) An alien ordered removed who is removable under sections 237(a)(2) or 237(a)(4) of the Act, including deportable criminal aliens whose cases are governed by former section 242 of the Act prior to amendment by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Div. C of Public Law 104-208, 110 Stat. 3009-546; and (4) An alien ordered removed who the decision-maker determines is unlikely to comply with the removal order or is a risk to the community. (b) (2) (3) (4) (c) (1) (2) (3) (4) (d) (1) (2) (3) (e) (1) Travel documents for the alien are not available or, in the opinion of the Service, immediate removal, while proper, is otherwise not practicable or not in the public interest; (2) The detainee is presently a non-violent person; (3) The detainee is likely to remain nonviolent if released; (4) The detainee is not likely to pose a threat to the community following release; (5) The detainee is not likely to violate the conditions of release; and (6) The detainee does not pose a significant flight risk if released. (f) (1) The natur

official document · source cfr-2024 · id 8:§ 241.4