Zadvydas v. Davis
| Zadvydas v. Davis | |
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| Argued February 21, 2001 Decided June 28, 2001 |
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| Full case name | Kestutis Zadvydas v. Christine G. Davis and Immigration and Naturalization Service, John D. Ashcroft, Attorney General, et al. |
| Citations | 533 U.S. 678 (more)
121 S.Ct. 2491; 150 L.Ed.2d 653
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| Prior history | Certiorari to the United States Court of Appeals for the Ninth Circuit, 208 F.3d 815; Certiorari to the United States Court of Appeals for the Fifth Circuit, 185 F.3d 279 |
| Holding | |
| Detention of unremoveable admitted immigrants cannot exceed six months unless removal is in the foreseeable future or if there are other special circumstances. | |
| Court membership | |
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| Case opinions | |
| Majority | Breyer, joined by Stevens, O'Connor, Souter, Ginsburg |
| Dissent | Scalia, joined by Thomas |
| Dissent | Kennedy, joined by Rehnquist, Scalia (Part I), Thomas (Part I) |
| Laws applied | |
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U.S. Const. amend. V 8 U.S.C. § 1231(a)(6),28 U.S.C. § 2241(c)(3) |
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Zadvydas v. Davis, 533 U.S. 678 (2001), was a case decided by the Supreme Court of the United States. The court ruled that the plenary power doctrine does not authorize the indefinite detention of immigrants under order of deportation whom no other country will accept. To justify detention of immigrants for a period longer than six months, the government was required to show removal in the foreseeable future or special circumstances.
Kestutis Zadvydas was a resident alien in the United States who was ordered deported in 1994 based on his criminal record. Zadvydas was born of Lithuanian parents while in Germany, but was not a citizen of either country, and neither would accept him. Under federal law a person is to be detained for up to 90 days pending their deportation. If the 90 days passes without deportation, the Attorney General could detain the person indefinitely until they could be deported.
In September 1995 after Lithuania and Germany had refused to accept Zadvydas, he filed a petition for a writ of habeas corpus in U.S. District Court. In 1996 the Immigration and Naturalization Service (INS) unsuccessfully requested that the Dominican Republic accept Zadvydas based on his wife's Dominican citizenship. In October 1997 the District Court granted the writ and ordered him released under supervision. The government appealed and the Fifth Circuit Court of Appeals overturned the district court.
Kim Ho Ma was a Cambodian, also a resident alien in the United States. At age 17, Kim was convicted of manslaughter and was ordered deported. Cambodia did not have a treaty with the United States and would not accept Kim. In 1999, Kim filed a petition for a writ of habeas corpus in U.S. District Court. A five-judge panel of that court considered Kim's case in connection with about 100 other cases and ordered him released. The government appealed and the Ninth Circuit Court of Appeals upheld the district court.
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