Legal Opinion
Limitations on the Detention Authority of the Immigration and Naturalization Service
Department of Justice Office of Legal Counsel
Decided February 20, 2003Published
1Opinion of the Court
Limitations on the Detention Authority of the Immigration and Naturalization Service The Immigration and Nationality Act by its terms grants the Attorney General a full 90 days to effect an alien’s removal after the alien is ordered removed under section 241(a) of the Act, and it imposes no duty on the Attorney General to act as quickly as possible, or with any particular degree of dispatch, within the 90-day period. This reading of the Act raises no constitutional infirmity. It is permissible for the Attorney General to take more than the 90-day removal period to remove an alien even when it…
2Cases cited37 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- Whren v. United StatesSupreme Court of the United States · 1996
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Russello v. United StatesSupreme Court of the United States · 1983
32 more not listed; retrieve them via the Exa API.