What US INA Detention and Removal After a Final Order (8 USC 1231): Removal Period and Withholding requires
Section 241 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1231, governs the detention and removal of aliens who have been ordered removed, administered by the Department of Homeland Security (Immigration and Customs Enforcement). Section 1231(a)(1) sets the removal period: when an alien is ordered removed, the Attorney General (now the Secretary of Homeland Security) shall remove the alien from the United States within a period of 90 days, beginning on the latest of the date the order becomes administratively final, the date of any reviewing court's final order if the removal is stayed, or the date the alien is released from non-immigration detention. Section 1231(a)(2) requires detention during the removal period and provides that under no circumstance shall the alien be released if found inadmissible under 8 U.S.C. 1182(a)(2) (criminal grounds) or 1182(a)(3)(B) (terrorism grounds). Section 1231(a)(3) provides for supervision of aliens not removed within the removal period, and section 1231(a)(6) authorizes continued detention beyond the removal period for aliens who are inadmissible, removable on criminal or security grounds, or determined to be a risk to the community or unlikely to comply with the removal order. Section 1231(b) sets the countries to which an alien may be removed, and section 1231(b)(3) sets the central protection (withholding of removal): the Attorney General may not remove an alien to a country if the Attorney General decides that the alien's life or freedom would be threatened in that country because of the alien's race, religion, nationality, membership in a particular social group, or political opinion, subject to statutory exceptions (such as for persecutors and those convicted of particularly serious crimes). The detention authority after a final order under this section is distinct from the pre-order detention authority under 8 U.S.C. 1226.
Pillar: Immigration & Border Control · Authority: US Congress / Department of Homeland Security (Immigration and Customs Enforcement) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 7f6c7eb0da0d27b79cba242a133a73b8d052ab206fb87a812fe95e0cb237b90d
Primary Citations — 8 traced to source
- Immigration and Nationality Act 241, 8 U.S.C. 1231(a)(1) - 90-day removal period.
- Immigration and Nationality Act 241, 8 U.S.C. 1231(a)(2) - detention during the removal period and no release of aliens inadmissible under 8 U.S.C. 1182(a)(2) or (a)(3)(B).
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