8 USC 1533 - Removal court procedure

U.S Code last checked for updates: Nov 22, 2024

§ 1533.

Removal court procedure

(a)

Application

(1)

In general

In any case in which the Attorney General has classified information that an alien is an alien terrorist, the Attorney General may seek removal of the alien under this subchapter by filing an application with the removal court that contains—

(A)

the identity of the attorney in the Department of Justice making the application;

(B)

a certification by the Attorney General or the Deputy Attorney General that the application satisfies the criteria and requirements of this section;

(C)

the identity of the alien for whom authorization for the removal proceeding is sought; and

(D)

a statement of the facts and circumstances relied on by the Department of Justice to establish probable cause that—

(i)

the alien is an alien terrorist;

(ii)

the alien is physically present in the United States; and

(iii)

with respect to such alien, removal under subchapter II would pose a risk to the national security of the United States.

(2)

Filing

(b)

Right to dismiss

(c)

Consideration of application

(1)

Basis for decision

In determining whether to grant an application under this section, a single judge of the removal court may consider, ex parte and in camera, in addition to the information contained in the application—

(A)

other information, including classified information, presented under oath or affirmation; and

(B)

testimony received in any hearing on the application, of which a verbatim record shall be kept.

(2)

Approval of order

The judge shall issue an order granting the application, if the judge finds that there is probable cause to believe that—

(A)

the alien who is the subject of the application has been correctly identified and is an alien terrorist present in the United States; and

(B)

removal under subchapter II would pose a risk to the national security of the United States.

(3)

Denial of order

(d)

Exclusive provisions

(June 27, 1952, ch. 477, title V, § 503, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1259.)

cite as: 8 USC 1533