8 U.S.C. § 1536 — Custody and release pending removal hearing

(a) Upon filing an application. (1) In general. Subject to paragraphs (2) and (3), the Attorney General may—(A) take into custody an alien for whom an application under section 1533 of this title has been filed; and (B) keep that alien in custody under this subchapter. (2) Special rules for lawful permanent residents. (A) Release hearing. A lawful permanent resident is entitled to a release hearing before the judge assigned to the removal hearing. The alien must be detained unless the alien shows the court that—(i) the alien is lawfully admitted for permanent residence in the United States; (ii) if released on terms and conditions set by the court, including payment of money, the alien is not likely to flee; and (iii) release would not endanger national security or the safety of a person or the community. (B) Information considered. The judge may consider classified information privately and without the other side present when deciding whether to release the alien. (3) Release if order denied and no review sought. (A) In general. Subject to subparagraph (B), if the removal judge denies the order sought in an application under section 1533 and the Attorney General does not seek review, the alien must be released. (B) Regular procedures. This does not prevent arresting and detaining the alien under subchapter II. (b) Conditional release if order denied and review sought. (1) In general. If the removal judge denies the order and the Attorney General seeks review, the judge must release the alien subject to the least restrictive condition, or combination of conditions, described in section 3142(b) and section 3142(c)(1)(B)(i) through (xiv) of title 18 that—(A) reasonably assures the alien will appear at any later proceeding under this subchapter; and (B) will not endanger another person or the community. (2) No release for certain aliens. If no such condition or combination of conditions exists, the alien must remain in custody until any appeal authorized by this subchapter is complete.