87 Id. at (b) (1)(A) (concerning individuals who are placed in removal proceedings at the time of their arrival to the U.S.). 88 Jama v. Immigration and Customs Enforcement, 543 U.S. 335, 341 (2005); and see 8 U.S.C. § 1231(b). 89 Jama, 543 U.S. at 346. 90 See 8 U.S.C. § 1231(a)(2). For a fuller treatment of the detention of stateless individuals, See, e.g., Unraveling Anomaly: Detention, Discrimination, and the Protection Needs of Stateless Persons (The Equal Rights Trust, July 2010), available at <http://www.equalrightstrust.org/view-subdocument/index.htm?id=748>. 91 See 8 U.S.C. § 1231(a)(2). 92 See 8 CFR § 241.13(h). 93 The Supreme Court examined the indefinite detention of a stateless individual who was subject to removal and held that non-U.S. citizens admitted to the U.S. but subsequently ordered removed cannot be detained beyond the 90-day removal period for any longer than is “reasonably necessary” to effectuate their removal from the country. This “reasonably necessary” period has been determined to be an additional 90 days. Zadvydas, 533 U.S. at 701. This rule of law was incorporated into DHS operations through what have become known as the Zadvydas regulations. See 8 CFR § 241.13 (“Determination of whether there is a significant likelihood of removing a detained alien in the reasonably foreseeable future”). 94 8 CFR § 241.13(h) (incorporating by reference the provisions of 8 U.S.C. §1231(a)(3) and 8 CFR §241.5. 95 See, e.g. Berry v. Adducci, No. 10-10969, slip op (E.D.Mich. 2010) (arguing that subjecting a stateless individual to a perpetual order of supervision pending delays in obtaining a travel document to remove him to Lebanon is a denial of his due process rights under the Fifth Amendment); Abusheikh v. Att’y Gen., 225 Fed.Appx. 56 (3rd Cir. 2007) (arguing that the denial of relief from removal to a stateless Palestinian constituted unequal treatment on the basis of national origin in violation of his Fifth and Fourteenth Amendment rights). 96 Mead, Gary, Memorandum on ICE Reporting Guidance, dated August 23, 2012 (expressly rescinding Cerda, Victor X., Memorandum Orders of Supervision, dated November 12, 2004) [hereinafter Mead Memo]. Guidance for the implementation of this memorandum is forthcoming. 97 See 2011 Statistical Abstract, The National Data 44 Book (July 24, 2011) <http://www.census.gov/compendia/ statab/2011/2011edition.html>. 98 As background, there are two procedures for applying for asylum in the U.S. – affirmatively and defensively. Individuals may apply affirmatively by filing an I-589 asylum application with USCIS. Following an interview with an asylum officer, USCIS will either approve the application, deny it (only permissible where the applicant has an underlying legal status in the U.S.), or refer it for further review by an immigration judge at EOIR who conducts a “de novo” hearing of the case. When an asylum claim is referred to EOIR, removal proceedings are also initiated against the applicant and the posture of the asylum claim becomes defensive. Individuals are already subject to removal proceedings with EOIR may also request asylum for the first time in immigration court as a defense against removal from the U.S. Defensive asylum cases heard by immigration judges are adversarial proceedings in which a trial attorney from the U.S. Immigration and Customs Enforcement (ICE) bears the burden of proving removability and ICE also maintains nationality statistics in relation to its role in removing individuals from the United States. 99 The recently issued UNHCR Guidelines on Statelessness No. 2 may be useful in any endeavour the U.S. may undertake to establish its own procedures. See UNHCR Guidelines on Statelessness No. 2: Procedures for Determining whether an Individual is a Stateless Person (5 April 2012) <http://www.unhcr.org/ refworld/topic,4565c2252,4565c25f8f,4f7dafb52,0,UNH CR,,.html>. 100 USCIS keeps statistics of asylum seekers’ nationality, including categories for “stateless” and “nationality unknown”, while EOIR maintains statistics for “no nationality”, “stateless”, and “unknown nationality”. There is no clear definition of these categories, nor is there a standardized approach to categorizing and calculating statistics between the two agencies. 101 USCIS statistics are kept per individual asylum applicant while EOIR statistics cover asylum cases, which may represent more than one individual when family members are included in the primary asylum seeker’s application. 102 This figure captures both the number of new asylum applications received and the number of previously filed asylum cases that were reopened by USCIS during the relevant time frame. 103 Individuals can affirmatively seek asylum by submitting an application to USCIS Asylum Division. Citizens of Nowhere: