---
kind: "section"
citation: "8 U.S.C. § 1536"
title: "8"
title_heading: "Aliens and Nationality"
number: "1536"
heading: "Custody and release pending removal hearing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/8/1536"
units:
  - "Chapter 12 — Immigration and Nationality"
  - "Subchapter V — Alien Terrorist Removal Procedures"
---

# §1536. Custody and release pending removal hearing

- (a) **Upon filing application—**
  - (1) **In general—** Subject to paragraphs [(2)](#a-2) and [(3)](#a-3), the [Attorney General](/usc/8/1101.md?p=a-5) may—
    - (A) take into custody any [alien](/usc/8/1101.md?p=a-3) with respect to whom an application under [section 1533 of this title](/usc/8/1533.md) has been filed; and
    - (B) retain such an [alien](/usc/8/1101.md?p=a-3) in custody in accordance with the procedures authorized by this subchapter.
  - (2) **Special rules for permanent resident aliens—**
    - (A) **Release hearing—** An [alien](/usc/8/1101.md?p=a-3) [lawfully admitted for permanent residence](/usc/8/1101.md?p=a-20) shall be entitled to a release hearing before the judge assigned to hear the [removal hearing](/usc/8/1531.md?p=5). Such an [alien](/usc/8/1101.md?p=a-3) shall be detained pending the [removal hearing](/usc/8/1531.md?p=5), unless the [alien](/usc/8/1101.md?p=a-3) demonstrates to the court that the [alien](/usc/8/1101.md?p=a-3)—
      - (i) is a [person](/usc/8/1101.md?p=b-3) [lawfully admitted for permanent residence](/usc/8/1101.md?p=a-20) in the [United States](/usc/8/1101.md?p=a-38);
      - (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](/usc/8/1531.md?p=3), or the safety of any [person](/usc/8/1101.md?p=b-3) or the community, if released.
    - (B) **Information considered—** The judge may consider [classified information](/usc/8/1531.md?p=2) submitted in camera and ex parte in making a determination whether to release an [alien](/usc/8/1101.md?p=a-3) pending the [removal hearing](/usc/8/1531.md?p=5).
  - (3) **Release if order denied and no review sought—**
    - (A) **In general—** Subject to [subparagraph (B)](#a-3-B), if a judge of the [removal court](/usc/8/1531.md?p=4) denies the order sought in an application filed pursuant to [section 1533 of this title](/usc/8/1533.md), and the [Attorney General](/usc/8/1101.md?p=a-5) does not seek review of such denial, the [alien](/usc/8/1101.md?p=a-3) shall be released from custody.
    - (B) **Application of regular procedures—** [Subparagraph (A)](#a-3-A) shall not prevent the arrest and detention of the [alien](/usc/8/1101.md?p=a-3) pursuant to subchapter II.
- (b) **Conditional release if order denied and review sought—**
  - (1) **In general—** If a judge of the [removal court](/usc/8/1531.md?p=4) denies the order sought in an application filed pursuant to [section 1533 of this title](/usc/8/1533.md) and the [Attorney General](/usc/8/1101.md?p=a-5) seeks review of such denial, the judge shall release the [alien](/usc/8/1101.md?p=a-3) 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](/usc/18/3142.md?p=c-1-B) that—
    - (A) will reasonably assure the appearance of the [alien](/usc/8/1101.md?p=a-3) at any future proceeding pursuant to this subchapter; and
    - (B) will not endanger the safety of any other [person](/usc/8/1101.md?p=b-3) or the community.
  - (2) **No release for certain aliens—** If the judge finds no such condition or combination of conditions, as described in [paragraph (1)](#b-1), the [alien](/usc/8/1101.md?p=a-3) shall remain in custody until the completion of any appeal authorized by this subchapter.

## Source credit

(June 27, 1952, ch. 477, title V, § 506, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1265.)

## Notes

### Statutory Notes and Related Subsidiaries

### Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.