Demore v. Kim
United States Supreme Court
538 U.S. 510 (2003)
Relevant factsFree
Kim (defendant/petitioner), a lawful permanent resident convicted of burglary and petty theft, was detained by the INS under 8 U.S.C. § 1226(c), which mandates detention of aliens deportable for certain crimes pending removal proceedings, without any individualized determination of flight risk or danger; Kim filed a habeas petition arguing this violated due process, and the district court agreed, releasing him on bond, a decision the Ninth Circuit affirmed relying on Zadvydas v. Davis.
IssueFree
Whether Congress has the authority to require that deportable aliens be detained during the pendency of their removal hearings.