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U.S. Code as of:
01/03/05
Section 1226a. Mandatory detention of suspected terrorists; habeas corpus; judicial review
(a) Detention of terrorist aliens
(1) Custody
The Attorney General shall take into custody any alien who is
certified under paragraph (3).
(2) Release
Except as provided in paragraphs (5) and (6), the Attorney
General shall maintain custody of such an alien until the alien
is removed from the United States. Except as provided in
paragraph (6), such custody shall be maintained irrespective of
any relief from removal for which the alien may be eligible, or
any relief from removal granted the alien, until the Attorney
General determines that the alien is no longer an alien who may
be certified under paragraph (3). If the alien is finally
determined not to be removable, detention pursuant to this
subsection shall terminate.
(3) Certification
The Attorney General may certify an alien under this paragraph
if the Attorney General has reasonable grounds to believe that
the alien -
(A) is described in section 1182(a)(3)(A)(i),
1182(a)(3)(A)(iii), 1182(a)(3)(B), 1227(a)(4)(A)(i),
1227(a)(4)(A)(iii), or 1227(a)(4)(B) of this title; or
(B) is engaged in any other activity that endangers the
national security of the United States.
(4) Nondelegation
The Attorney General may delegate the authority provided under
paragraph (3) only to the Deputy Attorney General. The Deputy
Attorney General may not delegate such authority.
(5) Commencement of proceedings
The Attorney General shall place an alien detained under
paragraph (1) in removal proceedings, or shall charge the alien
with a criminal offense, not later than 7 days after the
commencement of such detention. If the requirement of the
preceding sentence is not satisfied, the Attorney General shall
release the alien.
(6) Limitation on indefinite detention
An alien detained solely under paragraph (1) who has not been
removed under section 1231(a)(1)(A) of this title, and whose
removal is unlikely in the reasonably foreseeable future, may be
detained for additional periods of up to six months only if the
release of the alien will threaten the national security of the
United States or the safety of the community or any person.
(7) Review of certification
The Attorney General shall review the certification made under
paragraph (3) every 6 months. If the Attorney General determines,
in the Attorney General's discretion, that the certification
should be revoked, the alien may be released on such conditions
as the Attorney General deems appropriate, unless such release is
otherwise prohibited by law. The alien may request each 6 months
in writing that the Attorney General reconsider the certification
and may submit documents or other evidence in support of that
request.
(b) Habeas corpus and judicial review
(1) In general
Judicial review of any action or decision relating to this
section (including judicial review of the merits of a
determination made under subsection (a)(3) or (a)(6) of this
section) is available exclusively in habeas corpus proceedings
consistent with this subsection. Except as provided in the
preceding sentence, no court shall have jurisdiction to review,
by habeas corpus petition or otherwise, any such action or
decision.
(2) Application
(A) In general
Notwithstanding any other provision of law, including section
2241(a) of title 28, habeas corpus proceedings described in
paragraph (1) may be initiated only by an application filed
with -
(i) the Supreme Court;
(ii) any justice of the Supreme Court;
(iii) any circuit judge of the United States Court of
Appeals for the District of Columbia Circuit; or
(iv) any district court otherwise having jurisdiction to
entertain it.
(B) Application transfer
Section 2241(b) of title 28 shall apply to an application for
a writ of habeas corpus described in subparagraph (A).
(3) Appeals
Notwithstanding any other provision of law, including section
2253 of title 28, in habeas corpus proceedings described in
paragraph (1) before a circuit or district judge, the final order
shall be subject to review, on appeal, by the United States Court
of Appeals for the District of Columbia Circuit. There shall be
no right of appeal in such proceedings to any other circuit court
of appeals.
(4) Rule of decision
The law applied by the Supreme Court and the United States
Court of Appeals for the District of Columbia Circuit shall be
regarded as the rule of decision in habeas corpus proceedings
described in paragraph (1).
(c) Statutory construction
The provisions of this section shall not be applicable to any
other provision of this chapter.
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