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[Federal Register: August 24, 2001 (Volume 66, Number 165)]
[Page 44646]
From the Federal Register Online via GPO Access []



Immigration and Naturalization Service

[INS No. 2159-01]

Detained Aliens Requesting Release Under Zadvydas v. Davis

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.


SUMMARY: This notice promulgates the address of the office of the 
Immigration and Naturalization Service (Service) to which a detained 
alien must submit, in writing, a request for release on the ground that 
there is no significant likelihood that the Service will be able to 
remove the alien in the reasonably foreseeable future, in accordance 
with the judgment of the Supreme Court in Zadvydas v. Davis, 533 U.S. 
__, 121 S.Ct. 2491 (2001).

EFFECTIVE DATE: This notice is effective August 24, 2001.

FOR FURTHER INFORMATION CONTACT: David J. Venturella, Headquarters, 
Office of Detention and Removals, Immigration and Naturalization 
Service, 801 I Street NW., Suite 900, Washington, DC 20536, telephone 
(202) 514-1970.

SUPPLEMENTARY INFORMATION: On July 24, 2001, at 66 FR 38433, the 
Department of Justice published in the Federal Register the text of a 
memorandum issued by the Attorney General in response to the Supreme 
Court's judgment in Zadvydas v. Davis, 533 U.S. __, 121 S.Ct. 2491 
(2001). The Memorandum directed the former Acting Commissioner of the 
Service, among other things, to begin accepting written requests for 
release for detained aliens subject to removal orders who contend that 
there is no significant likelihood that the Service will be able to 
remove them in the reasonably foreseeable future. These interim 
procedures apply to aliens who are subject to final orders of removal, 
except that the procedures do not apply to detained arriving aliens, 
including arriving aliens who have been paroled into the United States 
under section 212(d)(5)(A) of the Immigration and Nationality Act.
    Any detained alien who believes that he or she may be eligible for 
release under the Zadvydas decision, should submit a written request 
for release, along with supporting documentation, to: U.S. Department 
of Justice, Immigration and Naturalization Service, Headquarters, Post-
Order Detention Unit, 801 I Street NW., Suite 900, Washington DC 20536.

    Dated: August 13, 2001.
James W. Ziglar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 01-21401 Filed 8-23-01; 8:45 am]