533US2
Unit: $U87
[10-21-02 18:35:10] PAGES PGT: OPIN
Cite as: 533 U. S. 678 (2001)
683
Opinion of the Court
I
A
The post-removal-period detention statute is one of a related set of statutes and regulations that govern detention
during and after removal proceedings. While removal proceedings are in progress, most aliens may be released on
bond or paroled. 66 Stat. 204, as added and amended, 110
Stat. 3009–585, 8 U. S. C. §§ 1226(a)(2), (c) (1994 ed., Supp. V).
After entry of a final removal order and during the 90-day
removal period, however, aliens must be held in custody.
§ 1231(a)(2). Subsequently, as the post-removal-period statute provides, the Government “may” continue to detain an
alien who still remains here or release that alien under supervision. § 1231(a)(6).
Related Immigration and Naturalization Service (INS)
regulations add that the INS District Director will initially
review the alien’s records to decide whether further detention or release under supervision is warranted after the
90-day removal period expires. 8 CFR §§ 241.4(c)(1), (h),
(k)(1)(i) (2001). If the decision is to detain, then an INS
panel will review the matter further, at the expiration of a
3-month period or soon thereafter. § 241.4(k)(2)(ii). And
the panel will decide, on the basis of records and a possible
personal interview, between still further detention or release
under supervision. § 241.4(i). In making this decision, the
panel will consider, for example, the alien’s disciplinary record, criminal record, mental health reports, evidence of rehabilitation, history of flight, prior immigration history, and favorable factors such as family ties. § 241.4(f). To authorize
release, the panel must find that the alien is not likely to be
violent, to pose a threat to the community, to flee if released,
or to violate the conditions of release. § 241.4(e). And the
alien must demonstrate “to the satisfaction of the Attorney General” that he will pose no danger or risk of flight.