Federal · Title 8 — Aliens and Nationality

8 U.S.C. § 1533: Removal court procedure

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

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