8 C.F.R. § 236.1 - Apprehension, custody, and detention

Cite as8 C.F.R. § 236.1
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415 practice notes
  • Executive Office for Immigration Review: Custody determinations review,
    • United States
    • Federal Register October 02, 2006
    • October 2, 2006
    ...Under this regime, an initial custody determination is made by DHS enforcement officials acting in an adjudicative capacity. See 8 CFR 236.1(a). The Supreme Court has affirmed the combination of adjudicative and investigative roles in the former INS. See Marcello v. Bonds, 349 U.S. 302, 311......
  • Immigration: Detention of aliens ordered removed,
    • United States
    • Federal Register December 21, 2000
    • December 21, 2000
    ...Other Changes Does This Rule Make? This rule terminates the existing procedure of appeal to the Board of Immigration Appeals (Board) under 8 CFR 236.1 for an alien who receives an unfavorable custody decision from the district director. See Matter of Saelee, Interim Decision 3427 (BIA 2000)......
  • Immigration; removal orders; countries to which aliens may be removed,
    • United States
    • Federal Register January 05, 2005
    • January 5, 2005
    ...no change in the existing language of 8 CFR 1241.8 at this time. Similarly, DHS and Justice have decided to defer making revisions to 8 CFR 236.1 and 1236.1, pending further consideration, and accordingly this rule makes no change in the existing language of 8 CFR 236.1 and 1236.1 at this F......
  • Nguyen v. Fasano, No. 99-CV-1885-K(CGA).
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • February 1, 2000
    ...custody decision, but informed Petitioner Manh Nguyen of his right to appeal the decision to continue detention to the BIA pursuant to 8 C.F.R. § 236.1(d)(3)(iii). (Id., p. 22). Petitioner Manh Nguyen has been in INS custody for 2 years and 8½ B. Nam Viet Nguyen On May 30, 1990, Petitioner ......
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397 cases
  • Nguyen v. Fasano, No. 99-CV-1885-K(CGA).
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • February 1, 2000
    ...custody decision, but informed Petitioner Manh Nguyen of his right to appeal the decision to continue detention to the BIA pursuant to 8 C.F.R. § 236.1(d)(3)(iii). (Id., p. 22). Petitioner Manh Nguyen has been in INS custody for 2 years and 8½ B. Nam Viet Nguyen On May 30, 1990, Petitioner ......
  • Banda v. McAleenan, CASE NO. C18-1841JLR
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • June 12, 2019
    ...taken into immigration custody pursuant to § 1226(a), ICE makes an initial custody determination, including the setting of bond. See 8 C.F.R. § 236.1(c)(8). After the initial custody determination, the detainee may request a bond redetermination by an IJ.7 8 C.F.R. § 236.1(d)(1). Once an IJ......
  • Lyttle v. United States, CASE NO. 4:11-CV-152 (CDL)
    • United States
    • U.S. District Court — Middle District of Georgia
    • March 31, 2012
    ...reviews by the Field Office Director while immigration detainees are in custody during the removal process); 8 C.F.R. § 287.5 (d)-(e) & 8 C.F.R. § 236.1 (enumerating exercise of powers by immigration officers, including Field Office Directors' power to issue and execute warrants and notices......
  • Petgrave v. Aleman, CIVIL ACTION NO. 5:20-CV-34
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • March 29, 2021
    ...bond, for noncitizens arrested pursuant to § 1226(a), and the detainee may request a bond redetermination by an immigration judge. See 8 C.F.R. § 236.1(c)(8), (d)(1). However, § 1226(c) describes a class of "criminal aliens" who may only be released under very limited circumstances who are ......
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3 books & journal articles

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