ICE has authority to detain persons during the removal period (90 days following the order of removal). INA 241(a)(1). The individual, however, is not subject to mandatory detention unless the applicant was removed on criminal grounds, under INA 212(a)(2), or security grounds, under INA 212(a)(3)(B), or 237(a)(4)(B). Under 8 C.F.R. 241.8(d), ICE officers are supposed to immediately refer those who express fear of returning to an asylum officer for a reasonable fear interview. But even where the order of removal is reinstated, there is nothing in the regulations to prevent ICE from allowing release on an Order of Supervision. See 8 C.F.R. 241.4 and 241.5.

 

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