HR 6094 RFS 
years; or (BB) the alien has com-
mitted one or more crimes of vio-
lence (as defined in section 16 of 
title 18, United States Code, but 
not including a purely political 
offense) and, because of a mental 
condition or personality disorder 
and behavior associated with that 
condition or disorder, the alien is 
likely to engage in acts of vio-
lence in the future; or 
‘‘(ee) that the release of the 
alien will threaten the safety of 
the community or any person, 
conditions of release cannot rea-
sonably be expected to ensure the 
safety of the community or any 
person, and the alien has been 
convicted of at least one aggra-
vated felony (as defined in sec-
tion 101(a)(43)); or 
‘‘(III) pending a determination 
under subclause (II), so long as the 
Secretary of Homeland Security has 
initiated the administrative review 
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process not later than 30 days after 
the expiration of the removal period 
(including any extension of the re-
moval period, as provided in sub-
section (a)(1)(C)). 
‘‘(C) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
‘‘(i) RENEWAL.—The Secretary of 
Homeland Security may renew a certifi-
cation 
under 
subparagraph 
(B)(ii)(II) 
every 6 months without limitation, after 
providing an opportunity for the alien to 
request reconsideration of the certification 
and to submit documents or other evidence 
in support of that request. If the Secretary 
does not renew a certification, the Sec-
retary may not continue to detain the alien 
under subparagraph (B)(ii)(II). 
‘‘(ii) DELEGATION.—Notwithstanding 
section 103, the Secretary of Homeland 
Security may not delegate the authority to 
make or renew a certification described in 
item (bb), (cc), or (ee) of subparagraph 
(B)(ii)(II) below the level of the Assistant 
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Secretary for Immigration and Customs 
Enforcement. 
‘‘(iii) HEARING.—The Secretary of 
Homeland Security may request that the 
Attorney General or the Attorney General’s 
designee provide for a hearing to make the 
determination described in item (dd)(BB) 
of subparagraph (B)(ii)(II). 
‘‘(D) RELEASE ON CONDITIONS.—If it is 
determined that an alien should be released 
from detention, the Secretary of Homeland Se-
curity, in the exercise of the Secretary’s discre-
tion, may impose conditions on release as pro-
vided in paragraph (3). 
‘‘(E) REDETENTION.—The Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, without any limitations 
other than those specified in this section, may 
again detain any alien subject to a final re-
moval order who is released from custody if the 
alien fails to comply with the conditions of re-
lease, or to continue to satisfy the conditions 
described in subparagraph (A), or if, upon re-
consideration, the Secretary determines that the 
alien can be detained under subparagraph (B). 
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Paragraphs (6) through (8) shall apply to any 
alien returned to custody pursuant to this sub-
paragraph, as if the removal period terminated 
on the day of the redetention. 
‘‘(F) CERTAIN
ALIENS
WHO
EFFECTED 
ENTRY.—If an alien has effected an entry, but 
has neither been lawfully admitted nor has been 
physically present in the United States continu-
ously for the 2-year period immediately prior to 
the commencement of removal proceedings 
under this Act or deportation proceedings 
against the alien, the Secretary of Homeland 
Security, in the exercise of the Secretary’s dis-
cretion, may decide not to apply paragraph (8) 
and detain the alien without any limitations ex-
cept those which the Secretary shall adopt by 
regulation. 
‘‘(9) JUDICIAL REVIEW.—Without regard to the 
place of confinement, judicial review of any action or 
decision pursuant to paragraphs (6), (7), or (8) shall 
be available exclusively in habeas corpus proceedings 
instituted in the United States District Court for the 
District of Columbia, and only if the alien has ex-
hausted all administrative remedies (statutory and 
regulatory) available to the alien as of right.’’. 
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