§1531. Definitions — Inbound Citations
8 U.S.C. § 1531
Cited by 67 provisions in release 119-102.
Citations to §1531(1)
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(1) 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.
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(i) the alien is an alien terrorist;
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(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
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(1) In any case in which an application for an order is approved under section 1533(c)(2) of this title, a removal hearing shall be conducted under this section as expeditiously as practicable for the purpose of determining whether the alien to whom the order pertains should be removed from the United States on the grounds that the alien is an alien terrorist.
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(g) In the hearing, it is the Government’s burden to prove, by the preponderance of the evidence, that the alien is subject to removal because the alien is an alien terrorist.
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(l) Not later than 3 months from December 28, 2001, the Attorney General shall submit to Congress a report concerning the effect and efficacy of alien terrorist removal proceedings, including the reasons why proceedings pursuant to this section have not been used by the Attorney General in the past and the effect on the use of these proceedings after the enactment of the USA PATRIOT Act of 2001 (Public Law 107–56).
Citations to §1531(2)
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(1) has a security clearance which affords the attorney access to classified information, and
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(2) has agreed to represent permanent resident aliens with respect to classified information under section 1534(e)(3) of this title in accordance with (and subject to the penalties under) this subchapter.
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(1) 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.
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(A) other information, including classified information, presented under oath or affirmation; and
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(3) If the judge denies the order requested in the application, the judge shall prepare a written statement of the reasons for the denial, taking all necessary precautions not to disclose any classified information contained in the Government’s application.
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(5) Nothing in this subsection is intended to allow an alien to have access to classified information.
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(C) section 3504 of title 18 and section 1806(c) of title 50 shall not apply if the Attorney General determines that public disclosure would pose a risk to the national security of the United States because it would disclose classified information or otherwise threaten the integrity of a pending investigation.
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(2) Nothing in this subchapter shall prevent the United States from seeking protective orders and from asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privileges.
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(A) The judge shall examine, ex parte and in camera, any evidence for which the Attorney General determines that public disclosure would pose a risk to the national security of the United States or to the security of any individual because it would disclose classified information and neither the alien nor the public shall be informed of such evidence or its sources other than through reference to the summary provided pursuant to this paragraph. Notwithstanding the previous sentence, the Department of Justice may, in its discretion and, in the case of classified information, after coordination with the originating agency, elect to introduce such evidence in open session.
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(ii) in all cases the special removal hearing shall continue, the Department of Justice shall cause to be delivered to the alien a statement that no summary is possible, and the classified information submitted in camera and ex parte may be used pursuant to this paragraph.
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(I) by reviewing in camera the classified information on behalf of the alien, and
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(II) by challenging through an in camera proceeding the veracity of the evidence contained in the classified information.
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(ii) A special attorney receiving classified information under clause (i)—(I) shall not disclose the information to the alien or to any other attorney representing the alien, and(II) who discloses such information in violation of subclause (I) shall be subject to a fine under title 18, imprisoned for not less than 10 years nor more than 25 years, or both.
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(2) In any interlocutory appeal taken pursuant to this subsection, the entire record, including any proposed order of the judge, any classified information and the summary of evidence, shall be transmitted to the Court of Appeals. The classified information shall be transmitted under seal. A verbatim record of such appeal shall be kept under seal in the event of any other judicial review.
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(A) Unless the alien waives the right to a review under this paragraph, in any case involving an alien lawfully admitted for permanent residence who is denied a written summary of classified information under section 1534(e)(3) of this title and with respect to which the procedures described in section 1534(e)(3)(F) of this title apply, any order issued by the judge shall be reviewed by the Court of Appeals for the District of Columbia Circuit.
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(B) With respect to any issue relating to classified information that arises in such review, the alien shall be represented only by the special attorney designated under section 1534(e)(3)(F)(i) of this title on behalf of the alien.
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(D) a finding of fact shall be accorded deference by the reviewing court and shall not be set aside unless such finding was clearly erroneous, except that in the case of a review under paragraph (2) in which an alien lawfully admitted for permanent residence was denied a written summary of classified information under section 1534(c)(3)1 of this title, the Court of Appeals shall review questions of fact de novo.
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(B) The judge may consider classified information submitted in camera and ex parte in making a determination whether to release an alien pending the removal hearing.
Citations to §1531(3)
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(iii) with respect to such alien, removal under subchapter II would pose a risk to the national security of the United States.
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(B) removal under subchapter II would pose a risk to the national security of the United States.
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(A) the Government is authorized to use in a removal proceedings1 the fruits of electronic surveillance and unconsented physical searches authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) without regard to subsections (c), (e), (f), (g), and (h) of section 106 of that Act [50 U.S.C. 1806(c), (e), (f), (g), (h)] and discovery of information derived pursuant to such Act, or otherwise collected for national security purposes, shall not be authorized if disclosure would present a risk to the national security of the United States;
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(C) section 3504 of title 18 and section 1806(c) of title 50 shall not apply if the Attorney General determines that public disclosure would pose a risk to the national security of the United States because it would disclose classified information or otherwise threaten the integrity of a pending investigation.
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(A) The judge shall examine, ex parte and in camera, any evidence for which the Attorney General determines that public disclosure would pose a risk to the national security of the United States or to the security of any individual because it would disclose classified information and neither the alien nor the public shall be informed of such evidence or its sources other than through reference to the summary provided pursuant to this paragraph. Notwithstanding the previous sentence, the Department of Justice may, in its discretion and, in the case of classified information, after coordination with the originating agency, elect to introduce such evidence in open session.
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(I) the continued presence of the alien in the United States would likely cause serious and irreparable harm to the national security or death or serious bodily injury to any person, and
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(II) the provision of the summary would likely cause serious and irreparable harm to the national security or death or serious bodily injury to any person.
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(iii) will not endanger national security, or the safety of any person or the community, if released.
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(2) Pending the commencement of any service of a sentence of confinement by an alien described in paragraph (1), such an alien shall remain in the custody of the Attorney General, unless the Attorney General determines that temporary release of the alien to the custody of State authorities for confinement in a State facility is appropriate and would not endanger national security or public safety.
Citations to §1531(4)
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(1) The Chief Justice shall publicly designate one of the judges of the removal court to be the chief judge of the removal court.
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(A) promulgate rules to facilitate the functioning of the removal court; and
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(B) assign the consideration of cases to the various judges on the removal court.
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(e) The removal court shall provide for the designation of a panel of attorneys each of whom—(1) has a security clearance which affords the attorney access to classified information, and(2) has agreed to represent permanent resident aliens with respect to classified information under section 1534(e)(3) of this title in accordance with (and subject to the penalties under) this subchapter.
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(1) 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.
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(2) An application under this section shall be submitted ex parte and in camera, and shall be filed under seal with the removal court.
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(1) 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.
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(B) With respect to such information, the Government shall submit to the removal court an unclassified summary of the specific evidence that does not pose that risk.
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(i) If an unclassified summary is not approved by the removal court under subparagraph (C), the Government shall be afforded 15 days to correct the deficiencies identified by the court and submit a revised unclassified summary.
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(i) The procedures described in this subparagraph are that the judge (under rules of the removal court) shall designate a special attorney to assist the alien—(I) by reviewing in camera the classified information on behalf of the alien, and(II) by challenging through an in camera proceeding the veracity of the evidence contained in the classified information.
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(A) the appeal or review shall be heard as expeditiously as practicable and the court may dispense with full briefing and hear the matter solely on the record of the judge of the removal court and on such briefs or motions as the court may require to be filed by the parties;
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(A) Subject to subparagraph (B), if a judge of the removal court denies the order sought in an application filed pursuant to section 1533 of this title, and the Attorney General does not seek review of such denial, the alien shall be released from custody.
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(1) If a judge of the removal court denies the order sought in an application filed pursuant to section 1533 of this title and the Attorney General seeks review of such denial, the judge shall release the alien from custody subject to the least restrictive condition, or combination of conditions, of release described in section 3142(b) and clauses (i) through (xiv) of section 3142(c)(1)(B) of title 18 that—(A) will reasonably assure the appearance of the alien at any future proceeding pursuant to this subchapter; and(B) will not endanger the safety of any other person or the community.
Citations to §1531(5)
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(1) In any case in which an application for an order is approved under section 1533(c)(2) of this title, a removal hearing shall be conducted under this section as expeditiously as practicable for the purpose of determining whether the alien to whom the order pertains should be removed from the United States on the grounds that the alien is an alien terrorist.
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(2) The removal hearing shall be open to the public.
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(b) An alien who is the subject of a removal hearing under this subchapter shall be given reasonable notice of—(1) the nature of the charges against the alien, including a general account of the basis for the charges; and(2) the time and place at which the hearing will be held.
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(5) The decision of the judge regarding removal shall be based only on that evidence introduced at the removal hearing.
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(1) At any time prior to the conclusion of the removal hearing, either the alien or the Department of Justice may request the judge to issue a subpoena for the presence of a named witness (which subpoena may also command the person to whom it is directed to produce books, papers, documents, or other objects designated therein) upon a satisfactory showing that the presence of the witness is necessary for the determination of any material matter. Such a request may be made ex parte except that the judge shall inform the Department of Justice of any request for a subpoena by the alien for a witness or material if compliance with such a subpoena would reveal classified evidence or the source of that evidence. The Department of Justice shall be given a reasonable opportunity to oppose the issuance of such a subpoena.
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(ii) If the revised unclassified summary is not approved by the court within 15 days of its submission pursuant to subparagraph (C), the removal hearing shall be terminated unless the judge makes the findings under clause (iii).
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(ii) in all cases the special removal hearing shall continue, the Department of Justice shall cause to be delivered to the alien a statement that no summary is possible, and the classified information submitted in camera and ex parte may be used pursuant to this paragraph.
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(h) The Federal Rules of Evidence shall not apply in a removal hearing.
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(i) If the judge, after considering the evidence on the record as a whole, finds that the Government has met its burden, the judge shall order the alien removed and detained pending removal from the United States. If the alien was released pending the removal hearing, the judge shall order the Attorney General to take the alien into custody.
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(1) Subject to paragraph (2), the decision of the judge after a removal hearing may be appealed by either the alien or the Attorney General to the United States Court of Appeals for the District of Columbia Circuit by notice of appeal filed not later than 20 days after the date on which the order is issued. The order shall not be enforced during the pendency of an appeal under this subsection.
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(A) An alien lawfully admitted for permanent residence shall be entitled to a release hearing before the judge assigned to hear the removal hearing. Such an alien shall be detained pending the removal hearing, unless the alien demonstrates to the court that the alien—(i) is a person lawfully admitted for permanent residence in the United States;(ii) if released upon such terms and conditions as the court may prescribe (including the posting of any monetary amount), is not likely to flee; and(iii) will not endanger national security, or the safety of any person or the community, if released.
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(B) The judge may consider classified information submitted in camera and ex parte in making a determination whether to release an alien pending the removal hearing.
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(C) If no country is willing to receive such an alien, the Attorney General may, notwithstanding any other provision of law, retain the alien in custody. The Attorney General, in coordination with the Secretary of State, shall make periodic efforts to reach agreement with other countries to accept such an alien and at least every 6 months shall provide to the attorney representing the alien at the removal hearing a written report on the Attorney General’s efforts. Any alien in custody pursuant to this subparagraph shall be released from custody solely at the discretion of the Attorney General and subject to such conditions as the Attorney General shall deem appropriate.
Citations to §1531(6)
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(a) The Chief Justice of the United States shall publicly designate 5 district court judges from 5 of the United States judicial circuits who shall constitute a court that shall have jurisdiction to conduct all removal proceedings. The Chief Justice may, in the Chief Justice’s discretion, designate the same judges under this section as are designated pursuant to section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
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(d) The provisions of section 103(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal proceedings in the same manner as they apply to proceedings under that Act [50 U.S.C. 1801 et seq.].
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(C) the identity of the alien for whom authorization for the removal proceeding is sought; and
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(A) the Government is authorized to use in a removal proceedings1 the fruits of electronic surveillance and unconsented physical searches authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) without regard to subsections (c), (e), (f), (g), and (h) of section 106 of that Act [50 U.S.C. 1806(c), (e), (f), (g), (h)] and discovery of information derived pursuant to such Act, or otherwise collected for national security purposes, shall not be authorized if disclosure would present a risk to the national security of the United States;
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(l) Not later than 3 months from December 28, 2001, the Attorney General shall submit to Congress a report concerning the effect and efficacy of alien terrorist removal proceedings, including the reasons why proceedings pursuant to this section have not been used by the Attorney General in the past and the effect on the use of these proceedings after the enactment of the USA PATRIOT Act of 2001 (Public Law 107–56).
Citations to §1531(7)
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(i) The procedures described in this subparagraph are that the judge (under rules of the removal court) shall designate a special attorney to assist the alien—(I) by reviewing in camera the classified information on behalf of the alien, and(II) by challenging through an in camera proceeding the veracity of the evidence contained in the classified information.
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(ii) A special attorney receiving classified information under clause (i)—(I) shall not disclose the information to the alien or to any other attorney representing the alien, and(II) who discloses such information in violation of subclause (I) shall be subject to a fine under title 18, imprisoned for not less than 10 years nor more than 25 years, or both.
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(B) With respect to any issue relating to classified information that arises in such review, the alien shall be represented only by the special attorney designated under section 1534(e)(3)(F)(i) of this title on behalf of the alien.