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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