8 CFR 241.4 - detention of inadmissible, criminal, and other aliens beyond the removal period

Cite as8 CFR 241.4
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357 practice notes
  • Immigration: Criminal activity victims; ”U” nonimmigrant classification,
    • United States
    • Federal Register September 17, 2007
    • September 17, 2007
    ...period for removal justifiably is extended. ICE will have a full and fair period to effect removal if USCIS denies the petition. See 8 CFR 241.4. If USCIS grants the petition for U nonimmigrant status, an order of exclusion, deportation, or removal issued by the Secretary will be canceled b......
  • Part IV
    • United States
    • Federal Register September 17, 2007
    • September 17, 2007
    ...period for removal justifiably is extended. ICE will have a full and fair period to effect removal if USCIS denies the petition. See 8 CFR 241.4. If USCIS grants the petition for U nonimmigrant status, an order of exclusion, deportation, or removal issued by the Secretary will be canceled b......
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
    • United States
    • Federal Register February 13, 2012
    • February 13, 2012
    ...in immigration detention who are subject to an administratively final order of removal. The proposed amendment would add a paragraph to 8 CFR 241.4(g) providing that U.S. Immigration and Customs Enforcement (ICE) shall have a reasonable period of time to effectuate an alien's removal where ......
  • Immigration: Detention of aliens ordered removed,
    • United States
    • Federal Register December 21, 2000
    • December 21, 2000
    ...also applies to criminal aliens granted withholding or deferral of removal for whom removal to a third country is impractical. Currently, 8 CFR 241.4 provides the general procedures governing the detention of criminal, inadmissible, and other aliens who have received a final administrative ......
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343 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
    ...exercise of discretion, order the alien released from custody on such conditions as the Page 1108 district director may prescribe ...." 8 C.F.R. § 241.4. In making that decision, the district director can consider the following, non-exclusive factors: (1) nature and seriousness of the alien......
  • Lyttle v. United States, CASE NO. 4:11-CV-152 (CDL)
    • United States
    • U.S. District Court — Middle District of Georgia
    • March 31, 2012
    ...cause and not to be banished from the United States. A Field Office Director's job includes reviewing the custody of detainees. See 8 C.F.R. § 241.4(a), (c), (h), (k) (establishing checks and reviews by the Field Office Director while immigration detainees are in custody during the removal ......
  • Doan v. I.N.S., No. 99-1420 JM.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • January 6, 2000
    ..."by clear and convincing evidence that the release would not pose a danger to the community or a significant flight risk...." 8 C.F.R. § 241.4(a). In reaching this determination, the INS district director is to take into account the following factors: (1) the nature and seriousness of the a......
  • Safety Nat'l Cas. Corp. v. United States Dep't Of Homeland Sec., Civil Action No. H-05-cv-2159.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • March 24, 2008
    ...the removal period, but the relevant regulations indicate that the Agency must do so only where an alien is in detention. See 8 C.F.R. § 241.4(g)(1)(ii), (g)(5). Finally, the statute has been interpreted to allow the Agency to condition a post-removal-order immigrant's release from detentio......
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1 books & journal articles
  • Indefinite detention: tipping the scale toward the liberty interest of freedom.
    • United States
    • Albany Law Review Vol. 66 Nbr. 4, June 2003
    • June 22, 2003
    ...678, 691 (citations omitted). (202) Continued Detention of Aliens Subject to Final Orders of Removal, 66 Fed. Reg. at 56,968 (codified at 8 C.F.R. 241.4); see Zadvydas, 533 U.S. at 691. The interim rule applies to deportable aliens who are determined to pose a danger to the community. Conti......

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