(a) Upon filing application
(1) In generalSubject to paragraphs (2) and (3), the Attorney General may—
(A)
take into custody any alien with respect to whom an application under section 1533 of this title has been filed; and
(B)
retain such an alien in custody in accordance with the procedures authorized by this subchapter.
(2) Special rules for permanent resident aliens
(A) Release hearingAn 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—
(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.
(B) Information considered
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.
(3) Release if order denied and no review sought
(A) In general
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.
(B) Application of regular procedures
Subparagraph (A) shall not prevent the arrest and detention of the alien pursuant to subchapter II.
(b) Conditional release if order denied and review sought
(1) In generalIf 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
(2) No release for certain aliens
If the judge finds no such condition or combination of conditions, as described in paragraph (1), the alien shall remain in custody until the completion of any appeal authorized by this subchapter.
(June 27, 1952, ch. 477, title V, § 506, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1265.)