Legal Opinion

Zadvydas v. Davis

Supreme Court of the United States

Decided June 28, 2001No. 99-7791PublishedCited by 8,063 opinions

1Opinion of the CourtJustice Breyer

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:

“An alien ordered removed [1] who is inadmissible .'.. [2] [or] removable [as a result of violations of status requirements or entry conditions, violations of criminal law, or reasons of…

2Cases cited45 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  4. Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
  5. Plyler v. DoeSupreme Court of the United States · 1982

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3Cited by8,063 opinions

  1. Jennings v. RodriguezSupreme Court of the United States · 2018
  2. Hamdi v. RumsfeldSupreme Court of the United States · 2004
  3. Ziglar v. AbbasiSupreme Court of the United States · 2017
  4. Demore v. KimSupreme Court of the United States · 2003
  5. Xochitl Hernandez v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2017

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