What is the consequence if the removal is not imminent after day 90?

• A. The case is closed permanently
• B. Travel is indefinitely postponed
• C. A custody determination may be made
• D. The alien must leave voluntarily

Answer: (C)

The correct choice reflects a significant legal development regarding the handling of cases when removal is not imminent after 90 days. When an individual has been detained for 90 days and their removal from the country has not occurred, it opens the possibility for a custody determination to be made. This means that an immigration judge or authority may assess the individual's situation, potential risk factors, and eligibility for release or alternative solutions.

The focus on custody determination in this scenario demonstrates an essential principle in immigration law: that individuals should not be held indefinitely without a clear path forward regarding their status. Authorities may decide to release the individual from detention while allowing them to pursue legal avenues or other forms of relief, such as applying for asylum or other forms of relief from removal.

This context is vital because it highlights the balance between enforcing immigration laws and ensuring that individuals are not unfairly detained without due process. In contrast, the other options relate to broader outcomes or consequences that do not specifically address the legal procedures and considerations involved at the 90-day mark, such as permanently closing a case or postponing travel, which are not immediate implications of the detention timeframe.