; (B) the officer or employee has reason to believe that the person would knowingly and willfully fail to appear in immigration court in response to a properly served notice to appear; and (C) not later than 48 hours after being taken into custody, the arrested alien is provided with a hearing before an immigration judge to determine whether there is probable cause as required by this section, including probable cause to believe that the person would have knowingly and willfully failed to appear as required under subparagraph (B), which burden to establish probable cause shall be on the Government. . (c) Mandatory detention repealed The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) in section 235(b)(1)(B)(ii)— (A) by striking shall and inserting may ; and (B) by inserting before the period at the end the following: pursuant to the custody review procedures set forth in section 236 ; (2) by striking section 235(b)(1)(B)(iii)(IV); (3) in section 235(b)(2)(A)— (A) by striking shall and inserting may ; and (B) by inserting before the period at the end the following: pursuant to the custody review procedures set forth in section 236 ; (4) by striking section 236A; (5) in section 238(a)(2), by striking pursuant to section 236(c) ; and (6) in section 506(a)(2)— (A) by striking the paragraph heading and inserting the following: Release hearing for aliens detained ; and (B) in subparagraph (A)— (i) in the matter preceding clause (i), by striking lawfully admitted for permanent residence ; (ii) by striking clause (i); and (iii) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (d) Aliens ordered removed Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) ) is amended— (1) in paragraph (1), by striking 90 days each place it appears and inserting 60 days