This rule amends the custody review process governing the detention of aliens who are the subject of a final order of removal, deportation or exclusion, in light of the decision of the U.S. Supreme Court in Zadvydas v. Davis, 533 U.S. ____, 121 S. Ct. 2491 (2001). This rule adds new provisions to govern determinations by the Immigration and Naturalization Service (Service) as to whether there is a significant likelihood that an alien will be removed from the United States in the reasonably foreseeable future, and whether there are special circumstances justifying the continued detention of certain aliens. This rule also makes conforming changes to the existing post- removal-period detention regulations, and provides procedures to implement the statutory provision for the extension of the removal period beyond 90 days if the alien conspires or acts to prevent his or her removal or fails or refuses to assist the Service in obtaining documents necessary to effect his or her removal.
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