Case law · Highest court · Federal

Zadvydas v. Davis

Decided
June 28, 2001
Docket
99-7791
Status
Published
Jurisdiction
Federal

Cited 3,847 timesNo negative treatment found in this library

What later courts said

  • holding that 6 presumptive limit to reasonable duration of post-removal detention is six 7 months — Velasco Lopez v. Decker (2020)
  • holding that the "historic purpose of the writ [is] to relieve detention by executive authorities without judicial trial" — Zalawadia v. Ashcroft (2004)
  • recognizing that federal immigration detention pending deportation generally is ‘‘civil, not criminal’’ and, therefore, ‘‘nonpunitive in purpose and effect’’ — Jobe v. Commissioner of Correction (2020)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

[*682] Justice Breyer delivered the opinion of the Court.

When an alien has been found to be unlawfully present in the United States and a final order of removal has been entered, the Government ordinarily secures the alien’s removal during a subsequent 90-day statutory “removal period,” during which time the alien normally is held in custody.

A special statute authorizes further detention if the Government fails to remove the alien during those 90 days. It says:

Statutes cited

Cite this

Zadvydas v. Davis, 533 U.S. 678 (2001)

Read the full opinion

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