Statutes · INA §241; 8 U.S.C. §1231

INA §241 — Removal, detention and withholding

INA § 241, 8 U.S.C. § 1231, governs what happens after a final removal order: the 90-day removal period, detention or supervised release, reinstatement of old orders, the country you can be sent to, and withholding of removal. If you have an order or ICE check-ins, this is the section that controls your next steps.

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General information, not legal advice. See the notice at the end of this page.

What happens in the 90 days after a final order?

The government must generally remove you within 90 days, called the removal period. It starts on the latest of: the day the order becomes administratively final, the day a federal court ends a stay and issues its final order, or your release from non-immigration custody. The statute says the government shall detain you during this period. It can run longer than 90 days if you do not apply in good faith for travel documents or if you act to prevent removal. Willfully failing to apply, or to appear for removal when told to, is also a federal crime, with up to 4 years in prison, or up to 10 years for certain removal grounds. So never ignore a request to complete passport papers; get advice the same day. A case on appeal on Form EOIR-26 is not yet final. If you have just learned of an old order, read our in absentia order guide today.

ICE released me. What must I do under an order of supervision?

If you are not removed in time, you can be released on an order of supervision, Form I-220B. It can require periodic reporting, help in obtaining a travel document, medical or mental examinations, advance approval of travel and written notice of any address change. A bond can also be required. Supervision is not lawful status. A willful violation can bring a fine of up to $1,000, up to one year in prison, or both, and regulations allow a return to custody for a violation, or if removal becomes likely. So attend every check-in, follow every term and keep each stamped paper. A work permit is possible only if ICE finds you cannot be removed in a timely way or removal is impracticable or contrary to the public interest. If a new letter arrives before a check-in, show it to a lawyer first.

How long can ICE keep me in detention after a final order?

There is no fixed release date, but there is a limit. In Zadvydas v. Davis the Supreme Court limited detention to the time reasonably necessary for removal and treated six months as presumptively reasonable. After that, you must give good reason to believe there is no significant likelihood of removal in the reasonably foreseeable future, and the government must then answer with evidence. You should not expect a bond hearing: Johnson v. Arteaga-Martinez held that the statute does not require one after six months, and in August 2026 the Board held that immigration judges generally lack custody authority once an order is final. The route is a written request to ICE under 8 C.F.R. § 241.13 and, if needed, a habeas petition in federal court. For custody before a final order, use our bond hearing guide.

What is withholding of removal, and how is it different from asylum?

Section 241(b)(3) bars removal to a country where your life or liberty would be threatened on a protected ground. The standard is higher than asylum: you need a clear probability of harm, not only a well-founded fear. There is no one-year deadline, but it blocks only that country, and the statute gives no path to a green card. People who persecuted others, or were convicted of a particularly serious crime, are barred; an aggravated felony with an aggregate 5-year sentence counts automatically. The test also differs by place. In Barajas-Romero v. Lynch, the Ninth Circuit, which covers California, requires only that the protected ground be a reason for the harm, while the Board applies the stricter one central reason test. Ask for it on the same Form I-589 as asylum, and read more on withholding of removal.

I came back after a removal. Will I see a judge?

Usually not. If you reenter illegally after removal, or after leaving under an order, the old order is reinstated. It cannot be reopened, you cannot apply for relief under the Act, and you have no right to a hearing before a judge. An officer decides, and you may contest the finding in writing or orally. Say at once if you fear return: you must be referred immediately to an asylum officer, who generally decides within 10 days of the referral, and a judge can review a negative decision. A positive one leads to a hearing on withholding only. The federal deadline does not wait for that hearing: after Riley v. Bondi, the 30 days may run from the reinstatement notice. So have a lawyer assess a protective petition under INA § 242 within 30 days of that notice. You are detained under § 241, not § 236, so expect no bond hearing (Johnson v. Guzman Chavez).

Can ICE send me to a country that is not my own?

It may try. Section 241(b)(2) sets out which countries can be used, and withholding blocks only the country it names. Third-country removals are now before the Supreme Court. A Massachusetts federal court ruled against DHS's 2025 guidance in D.V.D. on February 25, 2026, and the First Circuit decided the appeal on September 18, 2026. But on September 29, 2026 the Supreme Court stayed that judgment and took the case, with argument set for December 9, 2026. So do not rely on the February judgment as protection today. If an officer names another country, state at once, and in writing if you can, that you fear harm there and want to see a lawyer. Keep every paper. Ace Immigration's removal defense practice can review your options; bring your order and Form I-220B.

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Frequently asked questions

How long does ICE have to deport me after a final order?

Under INA § 241 the government must generally remove you within 90 days, called the removal period. It starts on the latest of these dates: the order becomes administratively final, a federal court ends a stay and issues its final order, or you are released from non-immigration custody. It can run longer if you do not apply in good faith for travel documents or act to prevent removal.

Can I go to jail for not applying for a passport for my deportation?

Yes. Willfully failing to apply for travel documents after a removal order, or to appear for removal when told to, is a federal crime. The penalty is up to 4 years in prison, or up to 10 years for certain removal grounds. Not applying in good faith can also extend the 90-day removal period under INA § 241.

What happens if I violate my order of supervision?

A willful violation of an order of supervision, Form I-220B, can bring a fine of up to $1,000, up to one year in prison, or both. Regulations also allow a return to custody for a violation, or if removal becomes likely. Supervision is not lawful status, so attend every check-in and follow every term.

Can I get a work permit with an order of supervision?

Only in limited cases. With an order of supervision, Form I-220B, a work permit is possible only if ICE finds you cannot be removed in a timely way, or that removal is impracticable or contrary to the public interest. Supervision itself is not lawful status.

Will ICE let me out after six months in detention?

Not automatically. In Zadvydas v. Davis the Supreme Court limited detention after a final order to the time reasonably necessary for removal and treated six months as presumptively reasonable. After that, you must give good reason to believe there is no significant likelihood of removal in the reasonably foreseeable future, and the government must answer with evidence. The route is a written request to ICE under 8 C.F.R. § 241.13 and, if needed, a federal habeas petition.

Does withholding of removal give me a green card?

No. Withholding of removal under INA § 241(b)(3) has no path to a green card in the statute. It bars removal only to the country where your life or liberty would be threatened on a protected ground, so it does not cover any other country.

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

INA § 241, 8 U.S.C. § 1231, governs what happens after a final removal order: the 90-day removal period, detention or supervised release, reinstatement of old orders, the country you can be sent to, and withholding of removal. If you have an order or ICE check-ins, this is the section that controls your next steps.

What should I check before relying on this information?

It may try. Section 241(b)(2) sets out which countries can be used, and withholding blocks only the country it names. Third-country removals are now before the Supreme Court. A Massachusetts federal court ruled against DHS's 2025 guidance in D.V.D. on February 25, 2026, and the First Circuit decided the appeal on September 18, 2026. But on September 29, 2026 the Supreme Court stayed that judgment and took the case, with argument set for December 9, 2026. So do not rely on the February judgment as protection today. If an officer names another country, state at once, and in writing if you can, that you fear harm there and want to see a lawyer. Keep every paper. Ace Immigration's [[/services/removal-defense|removal defense practice]] can review your options; bring your order and Form I-220B.

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