Legal Opinion

Clark v. Martinez

Supreme Court of the United States

Decided January 12, 2005No. 03-878PublishedCited by 878 opinions

1Opinion of the CourtJustice Scalia

An alien arriving in the United States must be inspected by an immigration official, 66 Stat. 198, as amended, 8 U. S. C. § 1225(a)(3), and, unless he is found “clearly and beyond a doubt entitled to be admitted,” must generally undergo removal proceedings to determine admissibility, § 1225(b) (2)(A). Meanwhile the alien may be detained, subject to the Secretary’s discretionary authority to parole him into the country. See § 1182(d)(5); 8 CFR § 212.5 (2004). If, at the conclusion of removal proceedings, the alien is determined to be inadmissible and ordered removed, the law provides that the…

2Cases cited18 opinions

  1. Zadvydas v. DavisSupreme Court of the United States · 2001
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  4. Crowell v. BensonSupreme Court of the United States · 1932
  5. Rust v. SullivanSupreme Court of the United States · 1991

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3Cited by878 opinions

  1. Rita v. United StatesSupreme Court of the United States · 2007
  2. Jennings v. RodriguezSupreme Court of the United States · 2018
  3. Bartlett v. StricklandSupreme Court of the United States · 2009
  4. United States v. DavisSupreme Court of the United States · 2019
  5. Boumediene v. BushSupreme Court of the United States · 2008

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