Page:Kirstjen M. Nielsen, Secretary of Homeland Security, et al. v. Mony Preap, et al..pdf/57

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NIELSEN v. PREAP

Appendix A to the opinion of Breyer, J.

APPENDIXES

A

8 U. S. C. §1226. “Apprehension and detention of aliens

“(a) Arrest, detention, and release

“On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General–
“(1) may continue to detain the arrested alien; and
“(2) may release the alien on–
“(A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or
“(B) conditional parole;

····· “(c) Detention of criminal aliens

“(1) Custody
“The Attorney General shall take into custody any alien who–
“(A) is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title,
“(B) is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,
“(C) is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence[d] to a term of imprisonment of at least 1 year, or
“(D) is inadmissible under section 1182(a)(3)(B) of this title or deportable under section 1227(a)(4)(B) of this title,

when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.