8 C.F.R. § 236.1 - Apprehension, custody, and detention
| Cite as | 8 C.F.R. § 236.1 |
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419 cases
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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 ......
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Rasel v. Barr, 19-CV-1603
...to November 1, 2018, and set a hearing for November 14, 2018. Id. at 17.On October 23, 2018, an IJ denied Rasel's request under 8 C.F.R. § 236.1(c) for a change in custody. Id. at 23.Rasel did not meet the deadline to apply for relief from removal,1 and, on November 13, 2018, the IJ granted......
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El Badrawi v. Department of Homeland Sec., Civil Action No. 3:07-CV-1074 (JCH).
...alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States" (emphasis added)); 8 C.F.R. § 236.1 (explaining that "[a]t the time of issuance of the notice to appear, or at any time thereafter and up to the time removal proceedings are c......
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Castellar v. McAleenan, Case No. 17-cv-0491-BAS-BGS
...whether the alien will be continued in custody or released on bond or recognizance" subject to the standards for release established by 8 C.F.R. part 236. 8 C.F.R. § 287.3(d). For an alien who is eligible for release, the "alien must demonstrate to the satisfaction of the officer that [his ......
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3 books & journal articles
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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......
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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......
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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......