Ruling on detention of illegal immigrants [US SC]

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Clark v. Martinez, Supreme Court of the United States, January 12, 2005, [ruling that US can hold an illegal immigrant subject to a deportation order who could not be returned to his or her home country for only "so long as is reasonably necessary to achieve removal", indicating that habeas would be granted if there is "no significant likelihood of removal in the reasonably foreseeable future"]. Excerpt [per Justice Scalia]:
The Government fears that the security of our borders will be compromised if it must release into the country inadmissible aliens who cannot be removed. If that is so, Congress can attend to it. But for this Court to sanction indefinite detention in the face of Zadvydas would establish within our jurisprudence, beyond the power of Congress to remedy, the dangerous principle that judges can give the same statutory text different meanings in different cases.
Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.

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This page contains a single entry by Bernard Hibbitts published on January 12, 2005 8:45 PM.

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