![handle is hein.crs/govedze0001 and id is 1 raw text is: Congressional ______
SResearch Service
Johnson v. Chavez: Aliens with Reinstated
Removal Orders May Be Detained Without
Bond Hearings
July 12, 2021
Certain non-U.S. nationals (aliens, as the term is used in the Immigration and Nationality Act) who
unlawfully reenter the United States after being removed are subject to a reinstatement of removal
process, which generally requires their prompt removal without a hearing. If the alien with a reinstated
removal order shows a reasonable fear of persecution or torture in the country of removal, however, he or
she may pursue protection from removal in withholding-only proceedings. In Johnson v. Chavez the
Supreme Court recently construed provisions of the Immigration and Nationality Act (INA) as
authorizing the detention without bond of aliens with reinstated removal orders pending the outcome of
their withholding-only proceedings. The Court reversed a decision by the U.S. Court of Appeals for the
Fourth Circuit (Fourth Circuit) ruling that aliens placed in withholding-only proceedings are entitled to
bond hearings under the discretionary detention provisions of INA @ 236(a). The Supreme Court held that
aliens with reinstated orders of removal are subject to the more stringent detention provisions of INA
@ 241(a) because that statute, by its plain text, applies to aliens who have been ordered removed.
Legal Background
Detention of Aliens Subject to Removal
As discussed in a CRS report, the immigration detention scheme is multifaceted, and different rules may
apply at different stages of the removal process. Under INA @ 236(a), the Department of Homeland
Security's (DHS's) detention of an alien pending a decision on whether the alien is to be removed is
generally discretionary, unless the alien is subject to mandatory detention (e.g., if the alien has been
convicted of specified crimes). If detained, the alien may request an immigration judge's (IJ's) review of
DHS's custody determination at a bond hearing and potentially secure release from custody pending the
outcome of the removal proceedings.
In contrast, INA @ 241(a) governs the detention of an alien who has been ordered removed. Under the
statute, [e]xcept as otherwise provided in [@ 241], the alien must be removed within a 90-day removal
Congressional Research Service
https://crsreports.congress.gov
LSB10620
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govedze0001&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most