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DHS/USICE RIN: 1653-AA13 Publication ID: Spring 2017 
Title: Continued Detention of Aliens Subject to Final Orders of Removal 

The U.S. Department of Homeland Security is finalizing, with amendments, the interim rule that was published on November 14, 2001, by the former Immigration and Naturalization Service (Service). The interim rule included procedures for conducting custody determinations in light of the U.S. Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001), which held that the detention period of certain aliens who are subject to a final administrative order of removal is limited under section 241(a)(6) of the Immigration and Nationality Act (Act) to the period reasonably necessary to affect their removal. The interim rule amended section 241.4 of title 8, Code of Federal Regulations (CFR), in addition to creating two new sections: 8 CFR 241.13 (establishing custody review procedures based on the significant likelihood of the alien's removal in the reasonably foreseeable future) and 241.14 (establishing custody review procedures for special circumstances cases). Subsequently, in the case of Clark v. Martinez, 543 U.S. 371 (2005), the Supreme Court clarified a question left open in Zadvydas, and held that section 241(a)(6) of the Act applies equally to all aliens described in that section. This rule amends the interim rule to conform to the requirements of Martinez. Further, the procedures for custody determinations for post-removal-period aliens who are subject to an administratively final order of removal, and who have not been released from detention or repatriated, have been revised in response to comments received and experience gained from administration of the interim rule published in 2001. This final rule also makes conforming changes as required by the enactment of the Homeland Security Act of 2002 (HSA). Additionally, certain portions of the final rule were determined to require public comment and, for this reason, have been developed into a separate/companion notice of proposed rulemaking; RIN 1653-AA60.

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 U.S.C. 1101 (note)    8 U.S.C. 1102    8 U.S.C. 1103    8 U.S.C. 1182 (note)    8 U.S.C. 1184    8 U.S.C. 1185 (note)    8 U.S.C. 1187    8 U.S.C. 1223    8 U.S.C. 1225    8 U.S.C. 1226    8 U.S.C. 1227    8 U.S.C. 1231    8 U.S.C. 1253    ...   
Legal Deadline:  None
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 
Related RINs: Related to 1653-AA60 
Agency Contact:
Brad Tuttle
Attorney Advisor
Department of Homeland Security
U.S. Immigration and Customs Enforcement
500 12th Street SW,
Washington, DC 20536
Phone:202 732-5000