8 U.S.C. § 1536: Custody and release pending removal hearing

take into custody any alien with respect to whom an application under section 1533 of this title has been filed; and retain such an alien in custody in accordance with the procedures authorized by this subchapter. is a person lawfully admitted for permanent residence in the United States; if released upon such terms and conditions as the court may prescribe (including the posting of any monetary amount), is not likely to flee; and will not endanger national security, or the safety of any person or the community, if released. The judge may consider classified information submitted in camera and ex parte in making a determination whether to release an alien pending the removal hearing. Subject to subparagraph (B), if a judge of the removal court denies the order sought in an application filed pursuant to section 1533 of this title , and the Attorney General does not seek review of such denial, the alien shall be released from custody. Subparagraph (A) shall not prevent the arrest and detention of the alien pursuant to subchapter II. will reasonably assure the appearance of the alien at any future proceeding pursuant to this subchapter; and will not endanger the safety of any other person or the community. If the judge finds no such condition or combination of conditions, as described in paragraph (1), the alien shall remain in custody until the completion of any appeal authorized by this subchapter.