Aggravated Felonies

            (D)  INS Policy Change: Review Available to Persons Released from Incarceration before October 9, 1998.  On July 12, 1999, the INS announced a change in policy toward persons who committed crimes and were released from state or federal criminal custody prior to October 9, 1998,[132] the expiration date of the Temporary Period Custody Rules, under which the Attorney General had discretion to release from INS custody persons subject to mandatory removal.  This policy gives district directors discretion to release persons who are not considered a flight risk, and who are determined not to be a danger to the community.  This will apply only to persons who were released from criminal custody before October 9, 1998, and who do not have a final order of removal.  They do not win automatic release, but do have the right to have a hearing on whether they are a flight risk or danger to the community.

The INS estimated that about 1,000 people will be released under this policy.  This policy was apparently the response to losing at least 13 court cases challenging the detention policy for people awaiting removal hearings. 

[132] See INS press release (visited Sept. 15, 2004) announcing the change at: http://uscis.gov/graphics/publicaffairs/newsrels/detain.htm