---
kind: "section"
citation: "8 U.S.C. § 1537"
title: "8"
title_heading: "Aliens and Nationality"
number: "1537"
heading: "Custody and release after removal hearing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/8/1537"
units:
  - "Chapter 12 — Immigration and Nationality"
  - "Subchapter V — Alien Terrorist Removal Procedures"
---

# §1537. Custody and release after removal hearing

- (a) **Release—**
  - (1) **In general—** Subject to [paragraph (2)](#a-2), if the judge decides that an [alien](/usc/8/1101.md?p=a-3) should not be removed, the [alien](/usc/8/1101.md?p=a-3) shall be released from custody.
  - (2) **Custody pending appeal—** If the [Attorney General](/usc/8/1101.md?p=a-5) takes an appeal from such decision, the [alien](/usc/8/1101.md?p=a-3) shall remain in custody, subject to the provisions of [section 3142 of title 18](/usc/18/3142.md).
- (b) **Custody and removal—**
  - (1) **Custody—** If the judge decides that an [alien](/usc/8/1101.md?p=a-3) shall be removed, the [alien](/usc/8/1101.md?p=a-3) shall be detained pending the outcome of any appeal. After the conclusion of any judicial review thereof which affirms the removal order, the [Attorney General](/usc/8/1101.md?p=a-5) shall retain the [alien](/usc/8/1101.md?p=a-3) in custody and remove the [alien](/usc/8/1101.md?p=a-3) to a country specified under [paragraph (2)](#b-2).
  - (2) **Removal—**
    - (A) **In general—** The removal of an [alien](/usc/8/1101.md?p=a-3) shall be to any country which the [alien](/usc/8/1101.md?p=a-3) shall designate if such designation does not, in the judgment of the [Attorney General](/usc/8/1101.md?p=a-5), in consultation with the Secretary of State, impair the obligation of the [United States](/usc/8/1101.md?p=a-38) under any treaty (including a treaty pertaining to extradition) or otherwise adversely affect the foreign policy of the [United States](/usc/8/1101.md?p=a-38).
    - (B) **Alternate countries—** If the [alien](/usc/8/1101.md?p=a-3) refuses to designate a country to which the [alien](/usc/8/1101.md?p=a-3) wishes to be removed or if the [Attorney General](/usc/8/1101.md?p=a-5), in consultation with the Secretary of State, determines that removal of the [alien](/usc/8/1101.md?p=a-3) to the country so designated would impair a treaty obligation or adversely affect [United States](/usc/8/1101.md?p=a-38) foreign policy, the [Attorney General](/usc/8/1101.md?p=a-5) shall cause the [alien](/usc/8/1101.md?p=a-3) to be removed to any country willing to receive such [alien](/usc/8/1101.md?p=a-3).
    - (C) **Continued detention—** If no country is willing to receive such an [alien](/usc/8/1101.md?p=a-3), the [Attorney General](/usc/8/1101.md?p=a-5) may, notwithstanding any other provision of law, retain the [alien](/usc/8/1101.md?p=a-3) in custody. The [Attorney General](/usc/8/1101.md?p=a-5), in coordination with the Secretary of State, shall make periodic efforts to reach agreement with other countries to accept such an [alien](/usc/8/1101.md?p=a-3) and at least every 6 months shall provide to the attorney representing the [alien](/usc/8/1101.md?p=a-3) at the [removal hearing](/usc/8/1531.md?p=5) a written report on the [Attorney General](/usc/8/1101.md?p=a-5)’s efforts. Any [alien](/usc/8/1101.md?p=a-3) in custody pursuant to this subparagraph shall be released from custody solely at the discretion of the [Attorney General](/usc/8/1101.md?p=a-5) and subject to such conditions as the [Attorney General](/usc/8/1101.md?p=a-5) shall deem appropriate.
    - (D) **Fingerprinting—** Before an [alien](/usc/8/1101.md?p=a-3) is removed from the [United States](/usc/8/1101.md?p=a-38) pursuant to this subsection, or pursuant to an order of removal because such [alien](/usc/8/1101.md?p=a-3) is inadmissible under [section 1182(a)(3)(B) of this title](/usc/8/1182.md?p=a-3-B), the [alien](/usc/8/1101.md?p=a-3) shall be photographed and fingerprinted, and shall be advised of the provisions of [section 1326(b) of this title](/usc/8/1326.md?p=b).
- (c) **Continued detention pending trial—**
  - (1) **Delay in removal—** The [Attorney General](/usc/8/1101.md?p=a-5) may hold in abeyance the removal of an [alien](/usc/8/1101.md?p=a-3) who has been ordered removed, pursuant to this subchapter, to allow the trial of such [alien](/usc/8/1101.md?p=a-3) on any Federal or [State](/usc/8/1101.md?p=a-36) criminal charge and the [service](/usc/8/1101.md?p=a-34) of any sentence of confinement resulting from such a trial.
  - (2) **Maintenance of custody—** Pending the commencement of any [service](/usc/8/1101.md?p=a-34) of a sentence of confinement by an [alien](/usc/8/1101.md?p=a-3) described in [paragraph (1)](#c-1), such an [alien](/usc/8/1101.md?p=a-3) shall remain in the custody of the [Attorney General](/usc/8/1101.md?p=a-5), unless the [Attorney General](/usc/8/1101.md?p=a-5) determines that temporary release of the [alien](/usc/8/1101.md?p=a-3) to the custody of [State](/usc/8/1101.md?p=a-36) authorities for confinement in a [State](/usc/8/1101.md?p=a-36) facility is appropriate and would not endanger [national security](/usc/8/1531.md?p=3) or public safety.
  - (3) **Subsequent removal—** Following the completion of a sentence of confinement by an [alien](/usc/8/1101.md?p=a-3) described in [paragraph (1)](#c-1), or following the completion of [State](/usc/8/1101.md?p=a-36) criminal proceedings which do not result in a sentence of confinement of an [alien](/usc/8/1101.md?p=a-3) released to the custody of [State](/usc/8/1101.md?p=a-36) authorities pursuant to [paragraph (2)](#c-2), such an [alien](/usc/8/1101.md?p=a-3) shall be returned to the custody of the [Attorney General](/usc/8/1101.md?p=a-5) who shall proceed to the removal of the [alien](/usc/8/1101.md?p=a-3) under this subchapter.
- (d) **Application of certain provisions relating to escape of prisoners—** For purposes of sections [751](/usc/18/751.md) and [752](/usc/18/752.md) of title 18, an [alien](/usc/8/1101.md?p=a-3) in the custody of the [Attorney General](/usc/8/1101.md?p=a-5) pursuant to this subchapter shall be subject to the penalties provided by those sections in relation to a [person](/usc/8/1101.md?p=b-3) committed to the custody of the [Attorney General](/usc/8/1101.md?p=a-5) by virtue of an arrest on a charge of a felony.
- (e) **Rights of aliens in custody—**
  - (1) **Family and attorney visits—** An [alien](/usc/8/1101.md?p=a-3) in the custody of the [Attorney General](/usc/8/1101.md?p=a-5) pursuant to this subchapter shall be given reasonable opportunity, as determined by the [Attorney General](/usc/8/1101.md?p=a-5), to communicate with and receive visits from members of the [alien](/usc/8/1101.md?p=a-3)’s family, and to contact, retain, and communicate with an attorney.
  - (2) **Diplomatic contact—** An [alien](/usc/8/1101.md?p=a-3) in the custody of the [Attorney General](/usc/8/1101.md?p=a-5) pursuant to this subchapter shall have the right to contact an appropriate diplomatic or consular official of the [alien](/usc/8/1101.md?p=a-3)’s country of citizenship or nationality or of any country providing representation [services](/usc/8/1101.md?p=a-34) therefore. The [Attorney General](/usc/8/1101.md?p=a-5) shall notify the appropriate embassy, mission, or consular office of the [alien](/usc/8/1101.md?p=a-3)’s detention.

## Source credit

(June 27, 1952, ch. 477, title V, § 507, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1266; amended Pub. L. 104–208, div. C, title III, § 308(d)(4)(Q), Sept. 30, 1996, 110 Stat. 3009–619.)

## Notes

### Editorial Notes

### Amendments

1996—Subsec. (b)(2)(D). Pub. L. 104–208 substituted “removal because such alien is inadmissible” for “exclusion because such alien is excludable”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.

### 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.

### References to Order of Removal Deemed To Include Order of Exclusion and Deportation

For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.