8 C.F.R. § 236.1 - Apprehension, custody, and detention
| Cite as | 8 C.F.R. § 236.1 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
415 practice notes
-
Executive Office for Immigration Review:
Custody determinations review,
...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,
...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,
...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).
...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 ......
Request a trial to view additional results
397 cases
-
Nguyen v. Fasano, No. 99-CV-1885-K(CGA).
...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
...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)
...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
...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 ......
Request a trial to view additional results
3 books & journal articles
-
Constitutional and Procedural Pathways to Freedom From Immigration Detention: Increasing Access to Legal Representation
...(2018) (noting that § 236(a) permits, but does not require, DHS to arrest and detain noncitizens pending removal proceedings). 46. See 8 C.F.R. § 236.1(g)(1) (2020) (“At the time of issuance of the notice to appear, or at any time thereafter and up to the time removal proceedings are comple......
-
Prioritizing Failure: Using the 'Rocket Docket' Phenomenon to Describe Adult Detention
...2016). 88. See infra Part III.B. 89. See supra Part II.B. 90. Immigration and Nationality Act § 236(a), 8 U.S.C. § 1226(a) (2012); 8 C.F.R. § 236.1(c) (2016). Immigrants are mandatorily detained under section 236(c) of the INA as criminals or terrorists or as arriving aliens. Immigration an......
-
70 J. Kan. Bar Assn. 6, 41-50 (2001). International Miranda? Article 36 of the Vienna Convention on Consular Relations.
...Manual §411.1 (1984). Available at http://www.state.gov/www/global/legal_affairs/ca_notification/part2.html. 28 C.F.R. §242.2(g). 8 C.F.R. §236.1(e). 27 Kan.App.2d at 616 N.W.2d 716 (Minn. 2000). Id. at 717. 523 U.S. at 375-376. See Miranda v. Arizona, 384 U.S. 436, 16 L.Ed.2d 694......