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Demore Vs. Kim
Cites for this judgment
- US Supreme Court
- Apr 29, 2003
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Syllabus Demore, District Director, San Francisco District of Immigration and Naturalization Service, Et Al. V. KimSearch
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or otherwise sufficiently dangerous to the public to necessitate mandatory detention. Relying on Zadvydas v. DavisSearch
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intends to preclude judicial review of constitutional claims its intent to do so must be clear. E. g., Webster v. DoeSearch
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and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. Mathews v. DiazSearch
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U. S. 67, 79-80. Although the Fifth Amendment entitles aliens to due process in deportation proceedings, Reno v. FloresSearch
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S. 292 , 306, detention during such proceedings is a constitutionally valid aspect of the process, e. g., Wong Wing v. UnitedSearch
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the grounds that there has been no finding that they are unlikely to appear for their deportation proceedings, Carlson v. LandonSearch
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c)'s requirement of mandatory detention for certain criminal aliens was unconstitutional. Kim v. SchiltgenSearch
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bond. The Court of Appeals for the Ninth Circuit affirmed. Kim v. ZiglarSearch
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Id., at 538. Relying upon our recent decision in Zadvydas v. DavisSearch
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F. 3d, at 535. 516 Three other Courts of Appeals have reached the same conclusion. See Patel v. ZemskiSearch
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Welch v. AshcroftSearch
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Hoang v. ComfortSearch
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c) by a permanent resident alien. Parra v. PerrymanSearch
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e) deprives us of jurisdiction to hear this case. See Florida v. ThomasSearch
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Rather, respondent challenges the statutory framework that permits his detention without bail. Parra v. PerrymanSearch
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see also Johnson v. RobisonSearch
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U. S., at 81, n. 17 (quoting Harisiades v. ShaughnessySearch
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quoting Fiallo v. BellSearch
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Wong Wing v. UnitedSearch
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In Carlson v. LandonSearch
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see also Brief for Petitioner in Carlson v. LandonSearch
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Id., at 543.9 8 See Carlson v. LandonSearch
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that Congress considered relevant to future dangerousness. Cf. Zadvydas v. DavisSearch
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a criminal record accumulated by an 526 In Reno v. FloresSearch
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c) to be unconstitutional, relies heavily upon our recent opinion in Zadvydas v. DavisSearch
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selected even if other, hypothetical studies might have suggested different courses of action. Cf., e. g., Los Angeles v. AlamedaSearch
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a legislature charged with formulating public policy''' (quoting Schall v. MartinSearch
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respondent's. Post, at 568, n. 24 (citing Schall v. MartinSearch
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the criminal context, there is no constitutional prohibition against requiring parties to make such choices. McGautha v. CaliforniaSearch
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accord, Chaffin v. StynchcombeSearch
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sufficient justification to detain a lawful permanent resident alien pending a more formal hearing. See Zadvydas v. DavisSearch
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migration context, 'judicial review' and 'habeas corpus' have historically distinct meanings. See Heikkila v. BarberSearch
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U. S. 206 , 212 (1998) (quoting Trainmen v. BaltimoreSearch
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proceedings. We have entertained such challenges only twice, and neither was successful on the merits. See Reno v. FloresSearch
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e) does not preclude habeas claims such as respondent's. See Patel v. ZemskiSearch
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Parra v. PerrymanSearch
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importing it into the plain language of the statute. The Seventh Circuit sought support from our decision in Reno v. American-ArabSearch
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see also Seminole Tribe of Fla. v. FloridaSearch
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