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DHS/USICE | RIN: 1653-AA13 | Publication ID: Spring 2009 |
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 |
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Timetable:
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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: Jason Johnsen Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW., Washington, DC 20024 Phone:202 732-4245 Email: jason.johnsen@dhs.gov |