8 CFR 241.13 - Determination of whether there is a significant likelihood of removing a detained alien in the reasonably foreseeable future
| Cite as | 8 CFR 241.13 |
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217 practice notes
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Immigration:
Criminal activity victims; U nonimmigrant classification,
...six months (dating from the beginning of the removal period as described in INA Sec. 241(a)(1)) may request release from detention. See 8 CFR 241.13. If, after six months of post-order detention, the alien can provide ``good reason to believe there is no significant likelihood of removal * ......
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Part IV
...six months (dating from the beginning of the removal period as described in INA Sec. 241(a)(1)) may request release from detention. See 8 CFR 241.13. If, after six months of post-order detention, the alien can provide ``good reason to believe there is no significant likelihood of removal * ......
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Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
...or failure to cooperate. The rule proposes to make conforming changes to 241.13(b)(2). Lastly, the rule proposes to add a paragraph to 8 CFR 241.13(b)(3) to make clear that aliens certified by the Secretary under section 236A of the Immigration and Nationality Act, 8 U.S.C. 1226a, are not s......
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Nonimmigrants; removal orders, countries to which aliens may be removed,
...in the reasonably foreseeable future. This section does not apply to aliens who are not subject to the special review provisions under 8 CFR 241.13. (2) Jurisdiction. The immigration judges and the Board have jurisdiction with respect to determinations as to whether release of an alien woul......
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203 cases
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Yusupov v. Attorney General of U.S., No. 05-4232.
...and limiting "an alien's post-removal-period detention to a period reasonably necessary to bring about that alien's removal"); 8 C.F.R. § 241.13(b)(2)(i), (c), (e)(6), (g) (mandating special review procedures and the release of the alien in the absence of "special circumstances" justifying ......
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Ali v. Ashcroft, No. 03-35096.
...authorization to an alien released from custody if "[t]he alien cannot be removed because no country will accept the alien"); 8 C.F.R. § 241.13(f) (in considering whether to release an alien from custody, the INS is to consider factors Page 885 "the views of the Department of State regardin......
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Guerrero-Sanchez v. Warden York Cnty. Prison, Nos. 16-4134 & 17-1390
...under § 1231(a)(6) themselves "raise serious constitutional concerns." Diouf , 634 F.3d at 1091. These regulations— 8 C.F.R. §§ 241.4 and 241.13 —provide administrative custody reviews after 90 days, 180 days, and 18 months, see 8 C.F.R. § 241.4(k)(2)(ii)-(iii), by DHS employees who are not......
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MARQUEZ-COROMINA v. Hollingsworth, Civil Action No. DKC 2006-3211.
...to detain aliens beyond the post-removal order period in order 692 F. Supp.2d 570 to comply with the Supreme Court's decision. See 8 C.F.R. §§ 241.13, 241.14. These regulations provide for the release of the vast majority of aliens where there is no likelihood of removal, but carve out an e......
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2 books & journal articles
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Indefinite detention: tipping the scale toward the liberty interest of freedom.
...Government bears the burden of rebutting that evidence. See id. at 701. (153) See Apprehension and Detention of Aliens Ordered Removed, 8 C.F.R. 241.13(b)(3); Continued Detention of Aliens Subject to Final Orders of Removal, 66 Fed. Reg. at 56,969 (noting that section 241.13 does not apply ......
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The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law and Policy
...ground under the regulation, Immigration and Customs Enforcement must first conduct a repatriation likelihood review under 8 C.F.R. § 241.13. 203. Tuan Thai v. Ashcroft, 366 F.3d 790, 798–99 (9th Cir. 2004) (holding that 8 U.S.C. § 1231(a)(6), as construed by Zadvydas, did not authorize pot......