; (2) was admitted as a nonimmigrant and who, at the time the alien was taken into custody by the State, or a political subdivision of the State, failed— (A) to maintain the nonimmigrant status in which the alien was admitted or to which it was changed pursuant to section 248; or (B) to comply with the conditions of any such status; (3) was admitted as an immigrant and subsequently failed to comply with the requirements of such status; or (4) failed to depart the United States under a voluntary departure agreement or under a final order of removal. (b) Transfer of custody by State and local officials If a State, or a political subdivision of the State, exercising authority with respect to the apprehension or arrest of an alien who is unlawfully present in the United States, submits to the Secretary of Homeland Security a request that such alien be taken into Federal custody, the Secretary— (1) not later than 48 hours after the conclusion of the State, or the political subdivision of a State, charging process or dismissal process, or if no State or political subdivision charging or dismissal process is required, not later than 48 hours after the alien is apprehended, shall take the alien into the custody of the Federal Government and incarcerate the alien; or (2) shall request that the relevant State or local law enforcement agency temporarily incarcerate or transport the alien for transfer to Federal custody. (c) Policy on detention in State and local detention facilities In carrying out section 241(g)(1), the Attorney General or the Secretary of Homeland Security shall ensure that an alien arrested pursuant to this Act is detained, pending the alien being taken for an examination under this section, in a State or local prison, jail, detention center, or other comparable facility. Notwithstanding any other provision of law or regulation, such a facility is adequate for detention if— (1) the facility is the most suitably located Federal, State, or local facility available for such purpose under the circumstances