Page:United States Statutes at Large Volume 110 Part 2.djvu/91

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PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1265 "(B) for purposes of section 3146 of such title the alien shall be considered released in connection with a charge of an offense punishable by life imprisonment. " (2) No REVIEW OF CONTINUED DETENTION.—The determinations and actions of the Attorney General pursuant to section 507(b)(2)(C) shall not be subject to judicial review, including application for a writ of habeas corpus, except for a claim by the alien that continued detention violates the alien's rights under the Constitution. Jurisdiction over any such challenge shall lie exclusively in the United States Court of Appeals for the District of Columbia Circuit. "SEC. 506. CUSTODY AND RELEASE PENDING REMOVAL HEARING. 8 USC 1536. "(a) UPON FILING APPLICATION.— "(1) IN GENERAL. —Subject to paragraphs (2) and (3), the Attorney General may— "(A) take into custody any alien with respect to whom an application under section 503 has been filed; and "(B) retain such an silien in custody in accordance with the procedures authorized by this title. " (2) SPECIAL RULES FOR PERMANENT RESIDENT ALIENS.— "(A) RELEASE HEARING. —An alien lawfully admitted for permanent residence shall be entitled to a release hearing before the judge assigned to hear the removal hearing. Such an alien shall be detained pending the removal hearing, unless the alien demonstrates to the court that the alien— "(i) is a person lawfully admitted for permanent residence in the United States; "(ii) if released upon such terms and conditions as the court may prescribe (including the posting of any monetary amount), is not likely to flee; and "(iii) will not endanger national security, or the safety of any person or the community, if released. "(B) INFORMATION CONSIDERED. — The judge may consider classified information submitted in camera and ex parte in making a determination whether to release an alien pending the removal hearing. " (3) RELEASE IF ORDER DENIED AND NO REVIEW SOUGHT.— "(A) IN GENERAL.—Subject to subparagraph (B), if a judge of the removal court denies the order sought in an application filed pursuant to section 503, and the Attorney General does not seek review of such denial, the alien shall be released from custody. " (B) APPLICATION OF REGULAR PROCEDURES. —Subparagraph (A) shall not prevent the arrest and detention of the alien pursuant to title II. "(b) CONDITIONAL RELEASE IF ORDER DENIED AND REVIEW SOUGHT. — "(1) IN GENERAI..—I f a judge of the removal court denies the order sought in an application filed pursuant to section 503 and the Attorney General seeks review of such denial, the judge shall release the alien from custody subject to the least restrictive condition, or combination of conditions, of release described in section 3142(b) and clauses (i) through (xiv) of section 3142(c)(1)(B) of title 18, United States Code, that—