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INA: ACT 506 - CUSTODY AND RELEASE PENDING REMOVAL HEARING
Sec. 506. Custody and release pending removal hearing.
(a) Upon Filing Application.-
(1) In general.-Subject to paragraphs (2) and (3), the Attorney General may-
(A) take into custody any alien with respect to whom an application under section 503 has been filed; and
(B) retain such an alien in custody in accordance with the procedures authorized by this title.
(2) Special rules for permanent resident aliens.-
(A) Release hearing.-An alien lawfully admitted for permanent residence shall be entitled to a release hearing before the judge assigned to hear the removal hearing. Such an alien shall be detained pending the removal hearing, unless the alien demonstrates to the court that the alien-
(i) is a person lawfully admitted for permanent residence in the United States;
(ii) if released upon such terms and conditions as the court may prescribe(including the posting of any monetary amount), is not likely to flee; and
(iii) will not endanger national security, or the safety of any person or the community, if released.
(B) Information considered.-The judge may consider classified information submitted in camera and ex parte in making a determination whether to release an alien pending the removal hearing.
(3) Release if order denied and no review sought.-
(A) In general.-Subject to subparagraph (B), if a judge of the removal court denies the order sought in an application filed pursuant to section 503, and the Attorney General does not seek review of such denial, the alien shall be released from custody.
(B) Application of regular procedures.-Subparagraph (A) shall not prevent the arrest and detention of the alien pursuant to title II.
(b) Conditional Release if Order Denied and Review Sought.-
(1) In general.-If a judge of the removal court denies the order sought in an application filed pursuant to section
and the Attorney General seeks review of such denial, the judge shall release the alien from custody subject to the least restrictive condition, or combination of conditions, of release described in section 3142(b) and clauses (i) through (xiv) of section 3142(c)(1)(B) of title 18, United States Code, that-
(A) will reasonably assure the appearance of the alien at any future proceeding pursuant to this title; and
(B) will not endanger the safety of any other person or the community.
(2) No release for certain aliens.-If the judge finds no such condition or combination of conditions, as described in paragraph (1), the alien shall remain in custody until the completion of any appeal authorized by this title.