8 USC 1226a - Mandatory detention of suspected terrorists; habeas corpus; judicial review

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

§ 1226a.

Mandatory detention of suspected terrorists; habeas corpus; judicial review

(a)

Detention of terrorist aliens

(1)

Custody

(2)

Release

(3)

Certification

The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien—

(A)

is described in section 1182(a)(3)(A)(i), 1182(a)(3)(A)(iii), 1182(a)(3)(B), 1227(a)(4)(A)(i), 1227(a)(4)(A)(iii), or 1227(a)(4)(B) of this title; or

(B)

is engaged in any other activity that endangers the national security of the United States.

(4)

Nondelegation

(5)

Commencement of proceedings

(6)

Limitation on indefinite detention

(7)

(b)

Habeas corpus and judicial review

(1)

In general

(2)

Application

(A)

In general

Notwithstanding any other provision of law, including section 2241(a) of title 28, habeas corpus proceedings described in paragraph (1) may be initiated only by an application filed with—

(i)

the Supreme Court;

(ii)

any justice of the Supreme Court;

(iii)

any circuit judge of the United States Court of Appeals for the District of Columbia Circuit; or

(iv)

any district court otherwise having jurisdiction to entertain it.

(B)

Application transfer

(3)

Appeals

(4)

Rule of decision

(c)

Statutory construction

(June 27, 1952, ch. 477, title II, ch. 4, § 236A, as added Pub. L. 107–56, title IV, § 412(a), Oct. 26, 2001, 115 Stat. 350.)

cite as: 8 USC 1226a