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Clark v. Martinez

United States Supreme Court

543 U.S. 371 (2005)

Relevant factsFree

Martinez and her husband (plaintiffs) entered the U.S. from Cuba during the 1980 Mariel boatlift on humanitarian parole, but their later criminal convictions made them inadmissible, led to revocation of their parole, and resulted in final removal orders. Because Cuba would not accept their return, immigration authorities held them in detention indefinitely under a provision of the Immigration and Nationality Act, § 241(a)(6). They petitioned for habeas relief, arguing indefinite detention was impermissible under the statute.

IssueFree

Whether inadmissible aliens ordered removed may be held indefinitely after the initial 90-day removal period.

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