{"abstract":"This Notice consist of a Memorandum from the Attorney General to the Acting Commissioner of the Immigration and Naturalization Service (INS) concerning detention of certain aliens held under final orders of removal. The Memorandum directs the INS to take a number of actions in response to the decision of the U.S. Supreme Court In Zadvydas v. Davis, 533 U.S. __, 121 S.Ct. 2491 (June 28, 2001). It directs the INS to present the Attorney General with regulations by July 31, 2001 that set forth a precedence for such aliens to present a claim that they should be released from detention because there is no significant likelihood that they will be removed in the reasonably foreseeable future. The regulations are also to address continued detention for aliens presenting special circumstances of the sort identified by the Court in Zadvydas, such as terrorists or other especially dangerous individuals. Until those regulations are published, the Memorandum directs the INS to: (1) Immediately renew efforts to remove aliens in post-order detention, placing special emphasis on aliens who have been detained the longest; (2) expeditiously conclude its ongoing file review for all aliens who have remained in post-order detention for 90 days or more, with priority given to those cases in which the aliens have been detained longest; as part of that review, the INS shall immediately begin accepting requests, submitted in writing, by detained aliens who contend that there is no significant likelihood of their removal in the reasonably foreseeable future; (3) respond in writing, as expeditiously as possible, to any such written submission, prioritizing the cases of aliens who have been detained longest; and (4) make sure that no alien who has previously been determined under existing procedures in 8 CFR 241.4 to pose a danger to the community will be released until his or her case has been processed through the INS review and the INS has made a determination, based on available information, that there is no significant likelihood of the alien's removal in the reasonably foreseeable future. The Memorandum also directs the INS to collect certain relevant data, to confer with the Department of State concerning improving repatriation procedures, and to refer for prosecution cases involving violations of 8 U.S.C. 1253.","action":"Notice.","agencies":[{"raw_name":"DEPARTMENT OF JUSTICE","name":"Justice Department","id":268,"url":"https://www.federalregister.gov/agencies/justice-department","json_url":"https://www.federalregister.gov/api/v1/agencies/268","parent_id":null,"slug":"justice-department"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2001/07/24/01-18549.html","cfr_references":[],"citation":"66 FR 38433","comment_url":null,"comments_close_on":null,"correction_of":null,"corrections":[],"dates":null,"disposition_notes":null,"docket_ids":[],"dockets":[],"document_number":"01-18549","effective_on":null,"end_page":38434,"executive_order_notes":null,"executive_order_number":null,"explanation":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2001/07/24/01-18549.xml","html_url":"https://www.federalregister.gov/documents/2001/07/24/01-18549/notice-of-memorandum","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/01-18549?publication_date=2001-07-24","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2001-07-24/01-18549/mods.xml","not_received_for_publication":null,"page_length":2,"page_views":{"count":24,"last_updated":"2026-04-04 14:15:05 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2001-07-24/pdf/01-18549.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":null,"publication_date":"2001-07-24","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2001/07/24/01-18549.txt","regulation_id_number_info":{},"regulation_id_numbers":[],"regulations_dot_gov_info":{},"regulations_dot_gov_url":null,"significant":null,"signing_date":null,"start_page":38433,"subtype":null,"title":"Notice of Memorandum","toc_doc":"Detention of aliens held under final orders of removal; Immigration and Naturalization Service response to Zadvydas v. Davis decision","toc_subject":"Memorandums of understanding:","topics":[],"type":"Notice","volume":66}