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Zadvydas v. Davis

United States Supreme Court

533 U.S. 678 (2001)

Relevant factsFree

Zadvydas and Kim Ho Ma (plaintiffs) were resident aliens who had been ordered removed after criminal convictions but remained in government custody past the initial 90-day removal period. No country would accept Zadvydas, so he stayed locked up; the government held Ma because it feared he would be violent and would not comply with release conditions. Both sought writs of habeas corpus. The Supreme Court granted review and consolidated the cases.

IssueFree

Whether the post-removal-period detention statute authorizes the indefinite detention of a removable resident alien, or must be read to permit detention only for a period reasonably necessary to secure removal.

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