Page:United States Statutes at Large Volume 110 Part 4.djvu/766

 110 STAT. 3009-603 PUBLIC LAW 104-208—SEPT. 30, 1996 "(A) it is impracticable to remove the alien on one of those vessels or aircraft within a reasonable time, or "(B) the alien is a stowaway— "(i) who has been ordered removed in accordance with section 235(a)(1), "(ii) who has requested asylum, and "(iii) whose application has not been adjudicated or whose asylum application has been denied but who has not exhausted all appeal rights. " (2) STAY OF REMOVAL. — "(A) IN GENERAL. — The Attorney General may stay the removal of an alien under this subsection if the Attorney General decides that— "(i) immediate removal is not practicable or proper; or "(ii) the alien is needed to testify in the prosecution of a person for a violation of a law of the United States or of any State. "(B) PAYMENT OF DETENTION COSTS.— During the period an alien is detained because of a stay of removal under subparagraph (A)(ii), the Attorney General may pay from the appropriation 'Immigration and Naturalization Service—Salaries and Expenses'— "(i) the cost of maintenance of the alien; and "(ii) a witness fee of $1 a day. "(C) RELEASE DURING STAY.— The Attorney General may release an alien whose removal is stayed under subparagraph (A)(ii) on— "(i) the alien's filing a bond of at least $500 with security approved by the Attorney General; "(ii) condition that the alien appear when required as a witness and for removal; and "(iii) other conditions the Attorney General may prescribe. " (3) COSTS OF DETENTION AND MAINTENANCE PENDING REMOVAL.— "(A) IN GENERAL.— Except as provided in subparagraph (B) and subsection (d), an owner of a vessel or aircraft bringing an alien to the United States shall pay the costs of detaining and maintaining the alien— "(i) while the alien is detained under subsection (d)(1), and "(ii) in the case of an alien who is a stowaway, while the alien is being detained pursuant to— " (I) subsection (d)(2)(A) or (d)(2)(B)(i), "(II) subsection (d)(2)(B)(ii) or (iii) for the period of time reasonably necessary for the owner to arrange for repatriation or removal of the stowaway, including obtaining necessary travel documents, but not to extend beyond the date on which it is ascertained that such travel documents cannot be obtained from the country to which the stowaway is to be returned, or " (III) section 235(b)(l)(B)(ii), for a period not to exceed 15 days (excluding Saturdays, Sundays, and holidays) commencing on the first such day which begins on the earlier of 72 hours after the

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