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Clark Vs. Martinez
Cites for this judgment
- US Supreme Court
- Jan 12, 2005
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Syllabus October Term, 2004 Clark V. MartinezSearch
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Court of the United States Clark, Field Office Director, Seattle, Immigration and Customs Enforcement, Et Al. V. MartinezSearch
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In Zadvydas v. DavisSearch
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the same statutory text a different meaning depending on the characteristics of the aliens involved. Crowell v. BensonSearch
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U. S. 22 , Raygor v. RegentsSearch
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of Univ. of Minn., 534 U. S. 533 , and Jinks v. RichlandSearch
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Benitez v. RozosSearch
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and Customs Enforcement, on certiorari to the United States Court of Appeals for the Eleventh Circuit. Clark v. MartinezSearch
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Opinion of the Court Clark V. MartinezSearch
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arrived in the United States from Cuba in June 1980 as part of the Mariel boatlift, see Palma v. VerdeyenSearch
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Benitez v. WallisSearch
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foreseeable, and ordered the INS to release Martinez under conditions that the INS believed appropriate. Martinez v. SmithSearch
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p. 2a. The Court of Appeals for the Ninth Circuit summarily affirmed, citing its decision in Xi v. INSSearch
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F. 3d 832 (2002). Martinez v. AshcroftSearch
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but nonetheless denied the petition. Benitez v. WallisSearch
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pp. 45, 48. The Court of Appeals for the Eleventh Circuit affirmed, agreeing with the dissent in Xi . Benitez v. WallisSearch
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F. 3d 1289 (2003). We granted certiorari in both cases. Benitez v. WallisSearch
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Crawford v. MartinezSearch
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those ordered removed whom the Secretary determines to be either a risk to the community or a flight risk. In Zadvydas v. DavisSearch
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would not support the same limitation. The lowest common denominator, as it were, must govern. See, e.g., Leocal v. AshcroftSearch
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The canon is not a method of adjudicating constitutional questions by other means. See, e.g. , NLRB v. CatholicSearch
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presumption that Congress did not intend the alternative which raises serious constitutional doubts. See Rust v. SullivanSearch
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Edward J. DeBartolo Corp. v. FloridaSearch
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subject to change depending on the presence or absence of constitutional concerns in each individual case. Cf. Harris v. UnitedSearch
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meaning when it is applied to nonadmitted aliens, the Government relies most prominently upon our decision in Crowell v. BensonSearch
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and as applied to all claimants, it permits judicial review of the employment finding. What corresponds to Crowell v. BensonSearch
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d). Raygor v. RegentsSearch
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A subsequent decision, Jinks v. RichlandSearch
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and the canon functions as a means of choosing between them . See, e.g. , Almendarez-Torres v. UnitedSearch
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Attorney General v. DelawareSearch
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see Landon v. PlasenciaSearch
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of his petition. Lewis v. ContinentalSearch
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s contentions, post , at 8, our decision in Salinas v. UnitedSearch
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a)(6) (2000 ed., Supp. II)). Clark v. MartinezSearch
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than six months after they have been ordered removed. For one thing, the 6-month presumption we described in Zadvydas v. DavisSearch
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Thomas, J., Dissenting Clark V. MartinezSearch
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Nevertheless, in Zadvydas v. DavisSearch
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It attempts to distinguish Jinks v. RichlandSearch
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County, 538 U. S. 456 (2003), and Raygor v. RegentsSearch
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principle is also in tension with Salinas v. UnitedSearch
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squared with my analysis. That support is a plurality opinion of this Court (reaffirmed by footnote dictum in Leocal v. AshcroftSearch
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subjected to criminal prosecution have adequate notice of the conduct that the law prohibits. Cf., e.g., McBoyle v. UnitedSearch
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Public Citizen v. DepartmentSearch
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habeas actions challenging removal orders. Chmakov v. BlackmanSearch
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