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DHS/USICE RIN: 1653-AA13 Publication ID: Fall 2008 
Title: Detention of Aliens Subject to Final Orders of Removal 
Abstract: This rule addresses comments received upon publication of the interim rule on November 14, 2001. The rule was to be published as a proposed rule as significant structural changes were made to custody review procedures governing the detention of aliens who are the subject of an administratively final order of removal, exclusion, or deportation. The rule was initially revised in light of the U.S. Supreme Court decision of Zadvydas v. Davis. With a new decision by the Supreme Court, Clark v. Martinez, the rule requires further substantive revisions to conform to the ruling in Martinez. In this case, the Supreme Court has refined its interpretation of section 241(a)(6)of the Immigration and Nationality Act and further limited detention of certain aliens subject to administratively final orders of removal, exclusion or deportation where the alien's removal is not significantly likely in the reasonably foreseeable future. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 241   
Legal Authority: 8 USC 1103    8 USC 1223    8 USC 1227    8 USC 1231    8 USC 1253    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  11/14/2001  66 FR 56967   
Interim Final Rule Comment Period End  01/14/2002    
Final Action  To Be Determined    
Additional Information: INS No. 2156-01 Transferred from RIN 1115-AG29
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Atilla Akgun
Department of Homeland Security
U.S. Immigration and Customs Enforcement
500 12th Street SW.,
Washington, DC 20024
Phone:202 732-4240
Fax:202 732-4263
Email: atilla.akgun@dhs.gov