|
U.S. Code as of:
01/03/05
Section 1537. Custody and release after removal hearing
(a) Release
(1) In general
Subject to paragraph (2), if the judge decides that an alien
should not be removed, the alien shall be released from custody.
(2) Custody pending appeal
If the Attorney General takes an appeal from such decision, the
alien shall remain in custody, subject to the provisions of
section 3142 of title 18.
(b) Custody and removal
(1) Custody
If the judge decides that an alien shall be removed, the alien
shall be detained pending the outcome of any appeal. After the
conclusion of any judicial review thereof which affirms the
removal order, the Attorney General shall retain the alien in
custody and remove the alien to a country specified under
paragraph (2).
(2) Removal
(A) In general
The removal of an alien shall be to any country which the
alien shall designate if such designation does not, in the
judgment of the Attorney General, in consultation with the
Secretary of State, impair the obligation of the United States
under any treaty (including a treaty pertaining to extradition)
or otherwise adversely affect the foreign policy of the United
States.
(B) Alternate countries
If the alien refuses to designate a country to which the
alien wishes to be removed or if the Attorney General, in
consultation with the Secretary of State, determines that
removal of the alien to the country so designated would impair
a treaty obligation or adversely affect United States foreign
policy, the Attorney General shall cause the alien to be
removed to any country willing to receive such alien.
(C) Continued detention
If no country is willing to receive such an alien, the
Attorney General may, notwithstanding any other provision of
law, retain the alien in custody. The Attorney General, in
coordination with the Secretary of State, shall make periodic
efforts to reach agreement with other countries to accept such
an alien and at least every 6 months shall provide to the
attorney representing the alien at the removal hearing a
written report on the Attorney General's efforts. Any alien in
custody pursuant to this subparagraph shall be released from
custody solely at the discretion of the Attorney General and
subject to such conditions as the Attorney General shall deem
appropriate.
(D) Fingerprinting
Before an alien is removed from the United States pursuant to
this subsection, or pursuant to an order of removal because
such alien is inadmissible under section 1182(a)(3)(B) of this
title, the alien shall be photographed and fingerprinted, and
shall be advised of the provisions of section 1326(b) of this
title.
(c) Continued detention pending trial
(1) Delay in removal
The Attorney General may hold in abeyance the removal of an
alien who has been ordered removed, pursuant to this subchapter,
to allow the trial of such alien on any Federal or State criminal
charge and the service of any sentence of confinement resulting
from such a trial.
(2) Maintenance of custody
Pending the commencement of any service of a sentence of
confinement by an alien described in paragraph (1), such an alien
shall remain in the custody of the Attorney General, unless the
Attorney General determines that temporary release of the alien
to the custody of State authorities for confinement in a State
facility is appropriate and would not endanger national security
or public safety.
(3) Subsequent removal
Following the completion of a sentence of confinement by an
alien described in paragraph (1), or following the completion of
State criminal proceedings which do not result in a sentence of
confinement of an alien released to the custody of State
authorities pursuant to paragraph (2), such an alien shall be
returned to the custody of the Attorney General who shall proceed
to the removal of the alien under this subchapter.
(d) Application of certain provisions relating to escape of
prisoners
For purposes of sections 751 and 752 of title 18, an alien in the
custody of the Attorney General pursuant to this subchapter shall
be subject to the penalties provided by those sections in relation
to a person committed to the custody of the Attorney General by
virtue of an arrest on a charge of a felony.
(e) Rights of aliens in custody
(1) Family and attorney visits
An alien in the custody of the Attorney General pursuant to
this subchapter shall be given reasonable opportunity, as
determined by the Attorney General, to communicate with and
receive visits from members of the alien's family, and to
contact, retain, and communicate with an attorney.
(2) Diplomatic contact
An alien in the custody of the Attorney General pursuant to
this subchapter shall have the right to contact an appropriate
diplomatic or consular official of the alien's country of
citizenship or nationality or of any country providing
representation services therefore. The Attorney General shall
notify the appropriate embassy, mission, or consular office of
the alien's detention.
|
|