S.744 Immigration bill - Sec. 3717: PROCEDURES FOR BOND HEARINGS AND FILING OF NOTICES TO APPEAR
Posted Wed, Apr 17, 2013 at 4:58 pm
- (a) Aliens in Custody- Section 236 (8 U.S.C. 1226) is amended by adding at the end the following:
- `(f) Procedures for Custody Hearings- For any alien taken
into custody under any provision of this Act, with the exception of
minors being transferred to or in the custody of the Office of Refugee
Resettlement, the following shall apply:
- `(1) The Secretary of Homeland Security shall, without
unnecessary delay and not later than 72 hours after the alien is taken
into custody, file the Notice to Appear or other relevant charging
document with the immigration court having jurisdiction over the
location where the alien was apprehended, and serve such notice on the
alien.
- `(2) The Secretary shall immediately determine whether
the alien shall remain in custody or be released and, without
unnecessary delay and not later than 72 hours after the alien was taken
into custody, serve upon the alien the custody decision specifying the
reasons for continued custody and the amount of bond if any.
- `(3) The Attorney General shall ensure the alien has
the opportunity to appear before an immigration judge for a custody
determination hearing promptly after service of the Secretary's custody
decision. The immigration judge may, on the Secretary's motion and upon a
showing of good cause, postpone a custody determination hearing for no
more than 72 hours after service of the custody decision, except that in
no case shall the hearing occur more than seven days (including
weekends and holidays) after the alien was taken into custody.
- `(4) The immigration judge shall advise the alien of
the right to postpone the custody determination hearing and shall, on
the oral or written request of the individual, postpone the custody
determination hearing for a period of no more than 14 days.
- `(5) Except for aliens that the immigration judge has
determined are deportable as described in section 236A and 236(c), the
immigration judge shall review the custody determination de novo and may
detain the alien only if the Secretary demonstrates that no conditions,
including the use of alternatives to detention that maintain custody
over the alien, will reasonably assure the appearance of the alien as
required and the safety of any other person and the community. For
aliens detained under 236(c), the immigration judge may review the
custody determination if the Secretary agrees the alien is not a danger
to the community and alternatives to detention exist that assure the
appearance of the alien as required and the safety of any other person
and the community.
- `(6) In the case of any alien remaining in custody
after a custody determination, the Attorney General shall provide de
novo custody determination hearings before an immigration judge every 90
days so long as the alien remains in custody. The alien may obtain a de
novo custody redetermination hearing upon a showing of good cause.
- `(7) The Secretary shall inform the alien of his or her
rights under this paragraph at the time the alien is first taken into
custody.'.
- (b) Stipulated Removal- Section 240(d) (8 U.S.C. 1229a) is amended to read as follows:
- `(d) Stipulated Removal- The Attorney General shall provide
by regulation for the entry by an immigration judge of an order of
removal stipulated to by the alien (or the alien's representative) and
the Service. An immigration judge may enter a stipulated removal order
only upon a finding at an in-person hearing that the stipulation is
voluntary, knowing and intelligent. A stipulated order shall constitute a
conclusive determination of the alien's removability from the United
States.'.
3717
PROCEDURES FOR BOND HEARINGS AND FILING OF NOTICES TO APPEAR