Page:United States Statutes at Large Volume 110 Part 2.djvu/92

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110 STAT. 1266 PUBLIC LAW 104-132—APR. 24, 1996 "(A) will reasonably assure the appearance of the alien at any future proceeding pursuant to this title; and "(B) will not endanger the safety of any other person or the community. "(2) No RELEASE FOR CERTAIN ALIENS. —If the judge fmds no such condition or combination of conditions, as described in paragraph (1), the alien shall remain in custody until the completion of any appeal authorized by this title. 8 USC 1537. "SEC. 507. CUSTODY AND RELEASE AFTER REMOVAL HEARING. "(a) RELEASE.— "(1) IN GENERAL. —Subject to paragraph (2), if the judge decides that an alien should not be removed, the alien shall be released from custody. "(2) CUSTODY PENDING APPEAL.—If the Attorney General takes an appeal from such decision, the alien shall remain in custody, subject to the provisions of section 3142 of title 18, United States Code. "(b) CUSTODY AND REMOVAL.— "(1) CUSTODY. —If the judge decides that an alien shall be removed, the alien shall be detained pending the outcome of any appeal. After the conclusion of any judicial review thereof which affirms the removal order, the Attorney General shall retain the alien in custody and remove the alien to a country specified under paragraph (2). "(2) REMOVAL.— "(A) IN GENERAL.— The removal of an alien shall be to any country which the alien shall designate if such designation does not, in the judgment of the Attorney General, in consultation with the Secretary of State, impair the obligation of the United States under any treaty (including a treaty pertaining to extradition) or otherwise adversely affect the foreign policy of the United States. "(B) ALTERNATE COUNTRIES.—If the alien refuses to designate a country to which the alien wishes to be removed or if the Attorney General, in consultation with the Secretary of State, determines that removal of the alien to the country so designated would impair a treaty obligation or adversely affect United States foreign policy, the Attorney General shall cause the alien to be removed to any country willing to receive such alien. "(C) CONTINUED DETENTION.— If no country is willing to receive such an alien, the Attorney General may, notwithstanding any other provision of law, retain the alien in custody. The Attorney General, in coordination with the Secretary of State, shall make periodic efforts to reach agreement with other countries to accept such an alien and at least every 6 months shall provide to the attorney representing the alien at the removal hearing a written report on the Attorney General's efforts. Any alien in custody pursuant to this subparagraph shall be released from custody solely at the discretion of the Attorney General and subject to such conditions as the Attorney General shall deem appropriate. "(D) FINGERPRINTING.— Before an alien is removed from the United States pursuant to this subsection, or pursuant to an order of exclusion because such alien is excludable