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8 U.S.C. § 1226a — Mandatory detention of suspected terrorists; habeas corpus; judicial review
Federal law — U.S. Code and appendices · legal_authorities
**(a) Detention of terrorist aliens**
(1) **Custody** — The Attorney General shall take into custody any alien who is certified under paragraph (3).
(2) **Release** — Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.
(3) **Certification** — The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien—
(A) is described in section 1182(a)(3)(A)(i), 1182(a)(3)(A)(iii), 1182(a)(3)(B), 1227(a)(4)(A)(i), 1227(a)(4)(A)(iii), or 1227(a)(4)(B) of this title; or
(B) is engaged in any other activity that endangers the national security of the United States.
(4) **Nondelegation** — The Attorney General may delegate the authority provided under paragraph (3) only to the Deputy Attorney General. The Deputy Attorney General may not delegate such authority.
(5) **Commencement of proceedings** — The Attorney General shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 7 days after the commencement of such detention. If the requirement of the preceding sentence is not satisfied, the Attorney General shall release the alien.
(6) **Limitation on indefinite detention** — An alien detained solely under
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Source file: Laws/federal/codes/united-states-code/title-8/section-1226a-mandatory-detention-of-suspected-terrorists-habeas-corpus-judicial-revie--0ab3ba4903.md
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Source location: Title 8, Chapter 12, § 1226a; chapter-012-immigration-and-nationality.md
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**(a) Detention of terrorist aliens**
(1) **Custody** — The Attorney General shall take into custody any alien who is certified under paragraph (3).
(2) **Release** — Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.
(3) **Certification** — The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien—
(A) is described in section 1182(a)(3)(A)(i), 1182(a)(3)(A)(iii), 1182(a)(3)(B), 1227(a)(4)(A)(i), 1227(a)(4)(A)(iii), or 1227(a)(4)(B) of this title; or
(B) is engaged in any other activity that endangers the national security of the United States.
(4) **Nondelegation** — The Attorney General may delegate the authority provided under paragraph (3) only to the Deputy Attorney General. The Deputy Attorney General may not delegate such authority.
(5) **Commencement of proceedings** — The Attorney General shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 7 days after the commencement of such detention. If the requirement of the preceding sentence is not satisfied, the Attorney General shall release the alien.
(6) **Limitation on indefinite detention** — An alien detained solely under paragraph (1) who has not been removed under [section 1231(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1231/a/1/A&num=0&edition=prelim), and whose removal is unlikely in the reasonably foreseeable future, may be detained for additional periods of up to six months only if the release of the alien will threaten the national security of the United States or the safety of the community or any person.
(7) **Review of certification** — The Attorney General shall review the certification made under paragraph (3) every 6 months. If the Attorney General determines, in the Attorney General’s discretion, that the certification should be revoked, the alien may be released on such conditions as the Attorney General deems appropriate, unless such release is otherwise prohibited by law. The alien may request each 6 months in writing that the Attorney General reconsider the certification and may submit documents or other evidence in support of that request.
**(b) Habeas corpus and judicial review**
(1) **In general** — Judicial review of any action or decision relating to this section (including judicial review of the merits of a determination made under subsection (a)(3) or (a)(6)) is available exclusively in habeas corpus proceedings consistent with this subsection. Except as provided in the preceding sentence, no court shall have jurisdiction to review, by habeas corpus petition or otherwise, any such action or decision.
(2) **Application**
(A) *In general* — Notwithstanding any other provision of law, including [section 2241(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2241/a&num=0&edition=prelim), habeas corpus proceedings described in paragraph (1) may be initiated only by an application filed with—
(i) the Supreme Court;
(ii) any justice of the Supreme Court;
(iii) any circuit judge of the United States Court of Appeals for the District of Columbia Circuit; or
(iv) any district court otherwise having jurisdiction to entertain it.
(B) *Application transfer* — [Section 2241(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2241/b&num=0&edition=prelim) shall apply to an application for a writ of habeas corpus described in subparagraph (A).
(3) **Appeals** — Notwithstanding any other provision of law, including [section 2253 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2253&num=0&edition=prelim), in habeas corpus proceedings described in paragraph (1) before a circuit or district judge, the final order shall be subject to review, on appeal, by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other circuit court of appeals.
(4) **Rule of decision** — The law applied by the Supreme Court and the United States Court of Appeals for the District of Columbia Circuit shall be regarded as the rule of decision in habeas corpus proceedings described in paragraph (1).
**(c) Statutory construction** The provisions of this section shall not be applicable to any other provision of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held.
**(b)** There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such person’s detention pending removal proceedings.
**(c)**
(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from—
(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or
(B) the final order in a proceeding under section 2255.
(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right.
(3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2253
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
Page 298
TITLE 8—ALIENS AND NATIONALITY
§ 1226a
‘‘SECTION 1. PROGRAM OF IDENTIFICATION OF
CERTAIN DEPORTABLE ALIENS AWAITING AR-
RAIGNMENT.
‘‘(a) ESTABLISHMENT OF PROGRAM.—Not later than 6
months after the date of the enactment of this Act
[Dec. 5, 1997], and subject to such amounts as are pro-
vided in appropriations Acts, the Attorney General
shall establish and implement a program to identify,
from among the individuals who are incarcerated in
local governmental incarceration facilities prior to ar-
raignment on criminal charges, those individuals who
are within 1 or more of the following classes of deport-
able aliens:
‘‘(1) Aliens unlawfully present in the United States.
‘‘(2) Aliens described in paragraph (2) or (4) of sec-
tion 237(a) of the Immigration and Nationality Act [8
U.S.C. 1227(a)(2), (4)] (as redesignated by section
305(a)(2) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996).
‘‘(b) DESCRIPTION OF PROGRAM.—The program author-
ized by subsection (a) shall include—
‘‘(1) the detail, to each incarceration facility se-
lected under subsection (c), of at least one employee
of the Immigration and Naturalization Service who
has expertise in the identification of aliens described
in subsection (a); and
‘‘(2) provision of funds sufficient to provide for—
‘‘(A) the detail of such employees to each selected
facility on a full-time basis, including the portions
of the day or night when the greatest number of in-
dividuals are incarcerated prior to arraignment;
‘‘(B) access for such employees to records of the
Service and other Federal law enforcement agen-
cies that are necessary to identify such aliens; and
‘‘(C) in the case of an individual identified as such
an alien, pre-arraignment reporting to the court re-
g
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1226a
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