8 U.S.C. § 1533 — Removal court procedure
submitted 74 years ago by Pub. L. 104-132 to r/title-8-ALIENS-AND-NATIONALITY · 432 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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—
the identity of the attorney in the Department of Justice making the application;
a certification by the Attorney General or the Deputy Attorney General that the application satisfies the criteria and requirements of this section;
the identity of the alien for whom authorization for the removal proceeding* is sought; and
a statement of the facts and circumstances relied on by the Department of Justice to establish probable cause that—
the alien is an alien terrorist;
the alien is physically present in the United States; and
with respect to such alien, removal under subchapter II would pose a risk to the national security* of the United States.
An application under this section shall be submitted ex parte and in camera, and shall be filed under seal with the removal court.
The Attorney General may dismiss a removal action under this subchapter at any stage of the proceeding.
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—
other information, including classified information, presented under oath or affirmation; and
testimony received in any hearing on the application, of which a verbatim record shall be kept.
The judge shall issue an order granting the application, if the judge finds that there is probable cause to believe that—
the alien who is the subject of the application has been correctly identified and is an alien terrorist present in the United States; and
removal under subchapter II would pose a risk to the national security of the United States.
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.
If an order is issued under this section granting an application, the rights of the alien regarding removal and expulsion shall be governed solely by this subchapter, and except as they are specifically referenced in this subchapter, no other provisions of this chapter shall be applicable.
Source credit: (June 27, 1952, ch. 477, title V, § 503, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1259.)
- 1952Enacted · Pub. L. 104-132 · 110 Stat. 1259
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-132 on 1952-06-27.
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