8 U.S.C. § 1230 — Records of admission

Page 325 TITLE 8—ALIENS AND NATIONALITY § 1231 1 See References in Text note below. 2 So in original. Probably should be ‘‘subparagraph (B),’’. 3 So in original. Probably should be followed by a closing parenthesis. § 1230. Records of admission (a) The Attorney General shall cause to be filed, as a record of admission of each immi- grant, the immigrant visa required by section 1201(e) of this title to be surrendered at the port of entry by the arriving alien to an immigration officer. (b) The Attorney General shall cause to be filed such record of the admission into the United States of each immigrant admitted under section 1181(b) of this title and of each nonimmigrant as the Attorney General deems necessary for the enforcement of the immigra- tion laws. (June 27, 1952, ch. 477, title II, ch. 4, § 240C, for- merly § 240, 66 Stat. 204; renumbered § 240C and amended Pub. L. 104–208, div. C, title III, §§ 304(a)(2), 308(f)(1)(K), Sept. 30, 1996, 110 Stat. 3009–587, 3009–621.) Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–208, § 308(f)(1)(K), sub- stituted ‘‘admission’’ for ‘‘entry’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1231. Detention and removal of aliens ordered removed (a) Detention, release, and removal of aliens or- dered removed (1) Removal period (A) In general Except as otherwise provided in this sec- tion, when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the ‘‘re- moval period’’). (B) Beginning of period The removal period begins on the latest of the following: (i) The date the order of removal be- comes administratively final. (ii) If the removal order is judicially re- viewed and if a court orders a stay of the removal of the alien, the date of the court’s final order. (iii) If the alien is detained or confined (except under an immigration process), the date the alien is released from detention or confinement. (C) Suspension of period The removal period shall be extended be- yond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s de- parture or conspires or acts to prevent the alien’s removal subject to an order of re- moval. (2) Detention During the removal period, the Attorney General shall detain the alien. Under no cir- cumstance during the removal period shall the Attorney General release an alien who has been found inadmissible under section 1182(a)(2) or 1182(a)(3)(B) of this title or deport- able under section 1227(a)(2) or 1227(a)(4)(B) of this title. (3) Supervision after 90-day period If the alien does not leave or is not removed within the removal period, the alien, pending removal, shall be subject to supervision under regulations prescribed by the Attorney Gen- eral. The regulations shall include provisions requiring the alien— (A) to appear before an immigration offi- cer periodically for identification; (B) to submit, if necessary, to a medical and psychiatric examination at the expense of the United States Government; (C) to give information under oath about the alien’s nationality, circumstances, hab- its, associations, and activities, and other information the Attorney General considers appropriate; and (D) to obey reasonable written restrictions on the alien’s conduct or activities that the Attorney General prescribes for the alien. (4) Aliens imprisoned, arrested, or on parole, supervised release, or probation (A) In general Except as provided in section 259(a) 1 of title 42 and paragraph (2),2 the Attorney General may not remove an alien who is sen- tenced to imprisonment until the alien is re- leased from imprisonment. Parole, super- vised release, probation, or possibility of ar- rest or further imprisonment is not a reason to defer removal. (B) Exception for removal of nonviolent of- fenders prior to completion of sentence of imprisonment The Attorney General is authorized to re- move an alien in accordance with applicable procedures under this chapter before the alien has completed a sentence of imprison- ment— (i) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense related to smuggling or harboring of aliens or an offense described in section 1101(a)(43)(B), (C), (E), (I), or (L) of this title 3 and (II) the removal of the alien is