United States Code

USC most recently checked for updates: Aug 13, 2020

§ 1533.
Removal court procedure
In general
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.

Right to dismiss

The Attorney General may dismiss a removal action under this subchapter at any stage of the proceeding.

Consideration of application
Basis for decision
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.
Approval of order
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.
Denial of order

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.

Exclusive provisions

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.

(June 27, 1952, ch. 477, title V, § 503, as added Pub. L. 104–132, title IV, § 401(a), Apr. 24, 1996, 110 Stat. 1259.)
cite as: 8 USC 1533