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Statutes · INA §241; 8 U.S.C. §1231

INA §241 — Removal, detention and withholding

INA §241 addresses removal after an order, detention and statutory withholding of removal. Its detention and protection provisions raise separate questions and should not be treated as one automatic remedy.

Published:

Scope and purpose

Statutory withholding under §241(b)(3) is distinct from asylum under INA §208 and from Convention Against Torture protection. Different burdens, bars and consequences apply; denying asylum does not by itself resolve every other protection claim.

Related rules and practical context

Zadvydas addresses a particular post-removal-order detention provision, not a universal release date. Nasrallah concerns judicial review of CAT orders. The governing detention authority and protection claim must be identified separately.

Primary sources

General reference information, not legal advice. A summary does not replace the statute or full decision. Check applicability and subsequent developments before filing. Publication does not imply attorney legal review or create an attorney-client relationship.

Frequently asked questions

What is INA §241 — Removal, detention and withholding?

INA §241 addresses removal after an order, detention and statutory withholding of removal. Its detention and protection provisions raise separate questions and should not be treated as one automatic remedy.

What should I check before relying on this information?

Zadvydas addresses a particular post-removal-order detention provision, not a universal release date. Nasrallah concerns judicial review of CAT orders. The governing detention authority and protection claim must be identified separately.

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