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Zadvydas Vs. Davis
Cites for this judgment
- US Supreme Court
- Jun 28, 2001
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U.S. 678 (2001) October Term, 2000 Syllabus Zadvydas V. DavisSearch
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Together with No. 00-38, Ashcroft, Attorney General, et al. v. KimSearch
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body unreviewable authority to make determinations implicating fundamental rights. Pp. 690-692. (b) Shaughnessy v. UnitedSearch
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In October 1997, a Federal District Court granted that writ and ordered him released under supervision. Zadvydas v. CaplingerSearch
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confinement, contrary to the Constitution. Id., at 1027. The Fifth Circuit reversed this decision. Zadvydas v. UnderdownSearch
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Binh Phan v. RenoSearch
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Ma released. App. to Pet. for Cert. in No. 00-38, at 60a-61a. The Ninth Circuit affirmed Ma's release. Kim Ho Ma v. RenoSearch
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writs in both cases, agreeing to consider both statutory and related constitutional questions. See also Duy Dac Ho v. GreeneSearch
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related detention, including challenges to the validity of a deportation order, in habeas proceedings. See Heikkila v. BarberSearch
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brought in federal district court under the Administrative Procedure Act (AP A), became available. See Shaughnessy v. PedreiroSearch
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method for obtaining review of continued custody after a deportation order had become final. See Cheng Fan Kwok v. INSSearch
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see also United States v. X-CitementSearch
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United States v. JinSearch
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cf. Almendarez-Torres v. UnitedSearch
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limitations into other immigration statutes in order to avoid their constitutional invalidation. See United States v. WitkovichSearch
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detention, or other forms of physical restraint-lies at the heart of the liberty that Clause protects. See Foucha v. LouisianaSearch
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unless the detention is ordered in a criminal proceeding with adequate procedural protections, see United States v. SalernoSearch
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flight-is weak or nonexistent where removal seems a remote possibility at best. As this Court said in Jackson v. IndianaSearch
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Walpole v. HillSearch
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The Constitution demands greater procedural protection even for property. See South Carolina v. ReganSearch
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from a constitutional perspective, alien status itself can justify indefinite detention, and points to Shaughnessy v. UnitedSearch
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has effected an entry into the United States and one who has never entered runs throughout immigration law. See Kaplan v. TodSearch
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to persons inside the United States are unavailable to aliens outside of our geographic borders. See United States v. VerdugoUrquidezSearch
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United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent. See Plyler v. DoeSearch
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Kwong Hai Ghew v. GoldingSearch
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that the Due Process 694 Clause protects an alien subject to a final order of deportation, see Wong Wing v. UnitedSearch
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though the nature of that protection may vary depending upon status and circumstance, see Landon v. PlasenciaSearch
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and Legislative Branch decisionmaking in that area. Brief for Respondents in No. 99-7791, at 17, 20 (citing Harisiades v. ShaughnessySearch
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U. S. 580 , 588-589 (1952)). But that power is subject to important constitutional limitations. See INS v. ChadhaSearch
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U. S. 327 , 336 (2000) (quoting Sinclair Refining Co. v. AtkinsonSearch
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Stat. 889, 890, to mean that deportation-related detention must end within a reasonable time, Spector v. LandonSearch
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Doukas v. WileySearch
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Ross v. WallisSearch
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Brown v. AllenSearch
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expert agencies decisionmaking leeway in matters that invoke their expertise. See Pension Benefit Guaranty Corporation v. LTVSearch
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