8 CFR 241.4 - detention of inadmissible, criminal, and other aliens beyond the removal period
Cite as | 8 CFR 241.4 |
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357 practice notes
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Immigration:
Criminal activity victims; U nonimmigrant classification,
...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......
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Part IV
...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......
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Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
...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 ......
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Immigration: Detention of aliens ordered removed,
...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
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Nguyen v. Fasano, No. 99-CV-1885-K(CGA).
...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......
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Lyttle v. United States, CASE NO. 4:11-CV-152 (CDL)
...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 ......
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Doan v. I.N.S., No. 99-1420 JM.
..."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......
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Safety Nat'l Cas. Corp. v. United States Dep't Of Homeland Sec., Civil Action No. H-05-cv-2159.
...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
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Indefinite detention: tipping the scale toward the liberty interest of freedom.
...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......