8 CFR 241.13 - Determination of whether there is a significant likelihood of removing a detained alien in the reasonably foreseeable future

Cite as8 CFR 241.13
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217 practice notes
  • Immigration: Criminal activity victims; ”U” nonimmigrant classification,
    • United States
    • Federal Register September 17, 2007
    • September 17, 2007
    ...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 * ......
  • Part IV
    • United States
    • Federal Register September 17, 2007
    • September 17, 2007
    ...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 * ......
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
    • United States
    • Federal Register February 13, 2012
    • February 13, 2012
    ...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......
  • Nonimmigrants; removal orders, countries to which aliens may be removed,
    • United States
    • Federal Register July 19, 2004
    • July 19, 2004
    ...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
  • Yusupov v. Attorney General of U.S., No. 05-4232.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • March 14, 2008
    ...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 ......
  • Ali v. Ashcroft, No. 03-35096.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 17, 2003
    ...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......
  • Guerrero-Sanchez v. Warden York Cnty. Prison, Nos. 16-4134 & 17-1390
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 26, 2018
    ...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......
  • MARQUEZ-COROMINA v. Hollingsworth, Civil Action No. DKC 2006-3211.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • February 18, 2010
    ...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
  • 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
    ...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 ......
  • The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law and Policy
    • United States
    • Louisiana Law Review Nbr. 77-2, January 2017
    • January 1, 2017
    ...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......

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