; (B) the officer or employee has reason to believe that the alien 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 alien is provided with a hearing before an immigration judge to determine whether there was probable cause for such arrest, including probable cause to believe that the alien would have knowingly and willfully failed to appear as required under subparagraph (B) if the alien had not been arrested, which burden to establish probable cause shall be on the Department of Homeland Security; . (c) Mandatory detention repealed (1) In general The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) in section 235(b) ( 8 U.S.C. 1225(b) )— (i) in paragraph (1)(B)— (I) in clause (ii), by striking detained and inserting referred ; and (II) in clause (iii), by striking subclause (IV); and (ii) in paragraph (2)(A), by striking detained and inserting referred ; (B) by striking section 236A ( 8 U.S.C. 1226 ); (C) in section 238(a)(2) ( 8 U.S.C. 1228(a)(2) ), by striking pursuant to section 236(c), ; and (D) in section 506(a)(2) ( 8 U.S.C. 1536(a)(2) )— (i) by amending the heading to read as follows: Release hearing for aliens detained ; and (ii) in subparagraph (A)— (I) by amending the heading to read as follows: In general ; (II) in the matter preceding clause (i), by striking lawfully admitted for permanent residence ; (III) by striking clause (i); and (IV) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (2) Conforming amendments (A) The table of sections for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by striking the item relating to section 236A. (B) Section 241(c)(3)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1231(c)(3)(A)(ii) ) is amended— (i) in subclause (I), by striking the comma at the end and inserting ; or ; (ii) in subclause (II), by striking , or and inserting a period