zadvydas davis et argued february decided june final removal order entered alien ordered removed held custody removal period alien removed days detention statute authorizes detention supervised release subject administrative review kestutis zadvydas petitioner resident alien born apparently lithuanian parents german displaced persons camp ordered deported based criminal record germany lithuania refused accept citizen countries efforts send wife native country also failed remained custody removal period expired filed habeas action district granted writ reasoning government never remove confinement permanent violation constitution reversing fifth circuit concluded zadvydas detention violate constitution eventual deportation impossible good faith efforts remove continued detention subject administrative review kim ho respondent resident alien born cambodia ordered removed based aggravated felony conviction remained custody removal period expired filed habeas petition ordering release district held constitution forbids detention unless realistic chance alien removed chance existed cambodia repatriation treaty ninth circuit affirmed concluding detention authorized reasonable time beyond period given lack repatriation agreement time expired held section habeas proceedings available forum statutory constitutional challenges detention statutory changes immigration law left habeas untouched basic method obtaining review continued custody deportation order becomes final none statutory provisions limiting judicial review removal decisions applies pp detention statute read light constitution demands implicitly limits alien detention period reasonably necessary bring alien removal permit indefinite detention pp statute permitting indefinite detention raise serious constitutional questions freedom imprisonment lies heart liberty protected due process clause government detention violates clause unless ordered criminal proceeding adequate procedural safeguards special justification outweighs individual liberty interest instant proceedings civil assumed nonpunitive government proffers sufficiently strong justification indefinite civil detention statute first justification preventing flight weak nonexistent removal seems remote possibility preventive detention based second justification protecting community upheld limited specially dangerous individuals subject strong procedural protections preventive detention potentially indefinite dangerousness rationale must also accompanied special circumstance mental illness helps create danger civil confinement potentially permanent flight risk justification evaporates special circumstance alien removable status bears relation dangerousness moreover sole procedural protections found administrative proceedings alien bears burden proving dangerous without according government significant later judicial review constitution may well preclude granting administrative body unreviewable authority make determinations implicating fundamental rights pp shaughnessy ex rel mezei alien indefinitely detained attempted reenter country support government argument alien status justify indefinite detention alien enters country legal circumstance changes due process clause applies persons within including aliens whether presence lawful unlawful temporary permanent cases holding congress plenary power create immigration law judicial branch must defer executive legislative branch decisionmaking area help government power subject constitutional limits finally aliens liberty interest diminished lack legal right live large choice issue imprisonment supervision release conditions may violated liberty interest strong enough raise serious constitutional problem indefinite detention pp despite constitutional problem find clear congressional intent grant attorney general power indefinitely detain alien ordered removed required give effect finds clear indication intent statute use may ambiguous necessarily suggest unlimited discretion similar related statutes requiring detention criminal aliens removal proceedings removal period show congress authorized indefinite detention finally nothing statute legislative history clearly demonstrates congressional intent authorize indefinite perhaps permanent detention pp application reasonable time limitation subject review basic federal habeas statute grants federal courts authority determine whether detention pursuant statutory authority answering question must ask whether detention exceeds period reasonably necessary secure removal measure reasonableness primarily terms statute purpose assuring alien presence moment removal thus removal reasonably foreseeable hold continued detention unreasonable longer authorized foreseeable consider risk alien committing crimes factor potentially justifying continued confinement without abdicating responsibility review detention lawfulness courts take appropriate account matters executive branch greater expertise immigration naturalization service administrative needs concerns nation need speak one voice immigration order limit occasions courts need make difficult judgments called recognition necessary executive leeway practically necessary recognize presumptively reasonable period detention unlikely congress believed reasonably foreseeable removals accomplished days reason believe doubted constitutionality six months detention thus sake uniform administration federal courts six months appropriate period period alien provides good reason believe significant likelihood removal reasonably foreseeable future government must furnish evidence sufficient rebut showing pp standard fifth circuit applied holding zadvydas continued detention lawful seems require alien seeking release show absence prospect removal matter unlikely unforeseeable thus demands statute bear ninth circuit conclusion released may rested solely upon absence repatriation agreement without giving due weight likelihood successful future negotiations vacated remanded breyer delivered opinion stevens souter ginsburg joined scalia filed dissenting opinion thomas joined kennedy filed dissenting opinion rehnquist joined scalia thomas joined part kestutis zadvydas petitioner christine davis immigration naturalization service writ certiorari appeals fifth circuit john ashcroft attorney general et petitioners kim ho writ certiorari appeals ninth circuit june justice breyer delivered opinion alien found unlawfully present final order removal entered government ordinarily secures alien removal subsequent statutory removal period time alien normally held custody special statute authorizes detention government fails remove alien days says alien ordered removed inadmissible removable result violations status requirements entry conditions violations criminal law reasons security foreign policy determined attorney general risk community unlikely comply order removal may detained beyond removal period released shall subject certain terms supervision supp cases must decide whether statute authorizes attorney general detain removable alien indefinitely beyond removal period period reasonably necessary secure alien removal deal aliens admitted subsequently ordered removed aliens yet gained initial admission country present different question see infra based conclusion indefinite detention aliens former category raise serious constitutional concerns construe statute contain implicit reasonable time limitation application subject federal review detention statute one related set statutes regulations govern detention removal proceedings removal proceedings progress aliens may released bond paroled stat added amended stat supp entry final removal order removal period however aliens must held custody subsequently statute provides government may continue detain alien still remains release alien supervision related immigration naturalization service ins regulations add ins district director initially review alien records decide whether detention release supervision warranted removal period expires cfr decision detain ins panel review matter expiration period soon thereafter ii panel decide basis records possible personal interview still detention release supervision making decision panel consider example alien disciplinary record criminal record mental health reports evidence rehabilitation history flight prior immigration history favorable factors family ties authorize release panel must find alien likely violent pose threat community flee released violate conditions release alien must demonstrate satisfaction attorney general pose danger risk flight panel decides release must review matter within year review earlier conditions change iii consider two separate instances detention first concerns kestutis zadvydas resident alien born apparently lithuanian parents displaced persons camp germany eight years old zadvydas immigrated parents family members lived ever since zadvydas long criminal record involving drug crimes attempted robbery attempted burglary theft history flight criminal deportation proceedings recently convicted possessing intent distribute cocaine sentenced years imprisonment released parole two years taken ins custody ordered deported germany see supp delineating crimes make alien deportable germany told ins accept zadvydas german citizen shortly thereafter lithuania refused accept zadvydas neither lithuanian citizen permanent resident ins asked dominican republic zadvydas wife country accept effort proved unsuccessful lithuania rejected inadequately documented zadvydas effort obtain lithuanian citizenship based parents citizenship zadvydas reapplication apparently still pending ins kept zadvydas custody expiration removal period september zadvydas filed petition writ habeas corpus challenging continued detention october federal district granted writ ordered released supervision zadvydas caplinger supp ed view government never succeed efforts remove zadvydas leading permanent confinement contrary constitution fifth circuit reversed decision zadvydas underdown concluded zadvydas detention violate constitution eventual deportation impossible good faith efforts remove continued detention subject periodic administrative review fifth circuit stayed mandate pending potential review second case kim ho born cambodia two family fled taking refugee camps thailand philippines eventually lived resident alien since age seven age involved shooting convicted manslaughter sentenced months imprisonment served two years released ins custody light conviction aggravated felony ordered removed see defining certain violent crimes aggravated felonies iii supp iv aliens convicted aggravated felonies deportable removal period expired early ins continued keep custody light former gang membership nature crime planned participation prison hunger strike unable conclude remain nonviolent violate conditions release app pet cert filed petition writ habeas corpus panel five judges federal district western district washington considering similar cases together issued joint order holding constitution forbids detention unless realistic chance alien deported thereby permitting classification detention aid deportation binh phan reno supp district held evidentiary hearing decided realistic chance cambodia repatriation treaty accept ordered released app pet cert ninth circuit affirmed release kim ho reno concluded based part constitutional concerns statute authorize detention reasonable time beyond period authorized removal given lack repatriation agreement cambodia time expired upon passage days zadvydas asked us review decision fifth circuit authorizing continued detention government asked us review decision ninth circuit forbidding continued detention granted writs cases agreeing consider statutory related constitutional questions see also duy dac ho greene upholding attorney general statutory constitutional authority detain alien indefinitely consolidated two cases argument decide together ii note outset primary federal habeas corpus statute confers jurisdiction upon federal courts hear cases see authorizing person claim federal held custody violation constitution laws federal courts considered challenges lawfulness detention including challenges validity deportation order habeas proceedings see heikkila barber beginning alternative method review deportation orders namely actions brought federal district administrative procedure act apa became available see shaughnessy pedreiro congress replaced district apa review initial deportation order review courts appeals see act stat formerly codified repealed act specified federal habeas courts also available hear statutory constitutional challenges deportation exclusion orders see repealed statutory changes left habeas untouched basic method obtaining review continued custody deportation order become final see cheng fan kwok ins holding applied challenges determinations made deportation proceedings motions reopen proceedings recently congress enacted several statutory provisions limit circumstances judicial review deportation decisions available none applies one provision supp simply forbids courts construe section create procedural right benefit legally enforceable deprive alien right rely challenge detention without statutory authority another provision ii supp says shall jurisdiction review decisions specified discretion attorney general aliens however seek review attorney general exercise discretion rather challenge extent attorney general authority detention statute extent authority matter discretion see also applicable certain decisions period preceding entry final removal order applicable assertion causes claims issue applicable judicial review final order removal applicable decisions commence proceedings adjudicate cases execute removal orders conclude habeas corpus proceedings remain available forum statutory constitutional challenges detention turn merits aliens claims iii detention statute applies certain categories aliens ordered removed namely inadmissible aliens criminal aliens aliens violated nonimmigrant status conditions aliens removable certain national security foreign relations reasons well alien determined attorney general risk community unlikely comply order removal supp see also cfr says alien falls one categories may detained beyond removal period released shall subject certain terms supervision supp government argues statute means literally says sets limit length time beyond removal period alien falls within one section categories may detained brief petitioners hence whether continue detain alien circumstances long attorney general courts ibid cardinal principle statutory interpretation however act congress raises serious doubt constitutionality first ascertain whether construction statute fairly possible question may avoided crowell benson see also video jin fuey moy cf construction statute avoids invalidation best reflects congressional read significant limitations immigration statutes order avoid constitutional invalidation see witkovich construing grant authority attorney general ask aliens whatever questions deem fit proper limited questions reasonably calculated keep attorney general advised regarding continued availability departure aliens whose deportation overdue similar reasons read implicit limitation statute us view statute read light constitution demands limits alien detention period reasonably necessary bring alien removal permit indefinite detention statute permitting indefinite detention alien raise serious constitutional problem fifth amendment due process clause forbids government depriv person liberty without due process law freedom imprisonment government custody detention forms physical restraint lies heart liberty clause protects see foucha louisiana said government detention violates clause unless detention ordered criminal proceeding adequate procedural protections see salerno certain special narrow circumstances foucha supra special justification mental illness outweighs individual constitutionally protected interest avoiding physical restraint kansas hendricks proceedings issue civil criminal assume nonpunitive purpose effect sufficiently strong special justification indefinite civil detention least administered statute statute says government two regulatory goals ensuring appearance aliens future immigration proceedings reventing danger community brief respondents definition first justification preventing flight weak nonexistent removal seems remote possibility best said jackson indiana detention goal longer practically attainable detention longer bear reasonable relation purpose individual committed second justification protecting community necessarily diminish force time upheld preventive detention based dangerousness limited specially dangerous individuals subject strong procedural protections compare hendricks supra upholding scheme imposes detention upon small segment particularly dangerous individuals provides strict procedural safeguards salerno supra upholding pretrial detention stressing stringent time limitations fact detention reserved serious crimes requirement proof dangerousness clear convincing evidence presence judicial safeguards foucha supra striking detention system placed burden detainee prove nondangerousness cases preventive detention potentially indefinite duration also demanded dangerousness rationale accompanied special circumstance mental illness helps create danger see hendricks supra civil confinement issue limited potentially permanent cf salerno supra noting maximum length pretrial detention limited stringent requirements carlson landon upholding temporary detention alien deportation proceeding noting problem unusual delay present provision authorizing detention apply narrowly small segment particularly dangerous individuals hendricks supra say suspected terrorists broadly aliens ordered removed many various reasons including tourist visa violations see supp referencing cf hendricks individuals past sexually violent behavior present mental condition creates likelihood conduct future may detained flight risk justification evaporates special circumstance present alien removable status bears relation detainee dangerousness cf foucha supra moreover sole procedural protections available alien found administrative proceedings alien bears burden proving dangerous without government view significant later judicial review compare cfr imposing burden proving nondangerousness upon alien foucha supra striking detention reason suggested however constitution may well preclude granting administrative body unreviewable authority make determinations implicating fundamental rights superintendent mass correctional institution walpole hill see also crowell concurring judgment phillips commissioner brandeis serious constitutional problem arising statute circumstances permits indefinite perhaps permanent deprivation human liberty without protection obvious government argues constitutional perspective alien status justify indefinite detention points shaughnessy ex rel mezei support case involved lawfully admitted alien left returned trip abroad refused admission left ellis island indefinitely detained government find another country accept held mezei detention violate constitution although mezei like present cases involves indefinite detention differs present cases critical respect emphasized alien extended departure required seek entry country presence ellis island count entry hence treated constitutional purposes stopped border made difference distinction alien effected entry one never entered runs throughout immigration law see kaplan tod despite nine years presence excluded alien still theory law boundary line gained foothold leng may barber alien paroled pending admissibility effected entry well established certain constitutional protections available persons inside unavailable aliens outside geographic borders see fifth amendment protections extend aliens outside territorial boundaries johnson eisentrager alien enters country legal circumstance changes due process clause applies persons within including aliens whether presence lawful unlawful temporary permanent see plyler doe mathews diaz kwong hai chew colding yick wo hopkins cf mezei supra liens passed gates even illegally may expelled proceedings conforming traditional standards fairness encompassed due process law indeed held due process clause protects alien subject final order deportation see wong wing though nature protection may vary depending upon status circumstance see landon plasencia johnson supra wong wing supra held unconstitutional statute imposed year hard labor upon aliens subject final deportation order case concerned substantive protections aliens ordered removed procedural protections aliens whose removability determined compare post scalia dissenting held punitive measures imposed upon aliens ordered removed persons within territory entitled protection constitution citing yick wo supra holding equal protection guarantee applies chinese aliens see also witkovich construing statute applied aliens ordered deported order avoid substantive constitutional problems contrary justice scalia characterization see post mezei rejection mezei challenge procedures deemed excludable rejection challenge continued detention rested upon basic territorial distinction see mezei supra holding mezei presence ellis island considered landing affec legal constitutional status internal quotation marks omitted light critical distinction mezei present cases mezei offer government significant support need consider aliens claim subsequent developments undermined mezei legal authority see brief petitioner brief respondent pp brief lawyers committee human rights amicus curiae pp aware authority support justice kennedy limitation due process protection removable aliens freedom detention arbitrary capricious see post dissenting opinion government also looks support cases holding congress plenary power create immigration law judicial branch must defer executive legislative branch decisionmaking area brief respondents citing harisiades shaughnessy power subject important constitutional limitations see ins chadha congress must choose constitutionally permissible means implementing power chinese exclusion case congressional authority limited constitution considerations public policy justice control less conduct civilized nations cases focus upon limitations nowhere deny right congress remove aliens subject supervision conditions released detention incarcerate appropriate violations conditions see supp granting authority attorney general prescribe regulations governing supervision aliens removed within days imposing penalties failure comply release conditions question us one confer ring admitted right remain national sufferance removed post scalia dissenting quoting mezei jackson dissenting rather issue address whether aliens government finds unable remove condemned indefinite term imprisonment within cases us require us consider political branches authority control entry hence leave unprotected spot nation armor kwong hai chew supra neither consider terrorism special circumstances special arguments might made forms preventive detention heightened deference judgments political branches respect matters national security sole foreign policy consideration government mentions concern lest courts interfere sensitive repatriation negotiations brief respondents neither government dissents explain habeas efforts determine likelihood repatriation handled appropriate sensitivity make significant difference respect see infra finally government argues whatever liberty interest aliens possess greatly diminished lack legal right liv large country brief respondents see also post scalia dissenting characterizing right issue right release country choice however imprisonment alien living large brief respondents imprisonment supervision release conditions may violated see supra citing supp cfr establishing conditions release removal period reasons set forth believe alien liberty interest least strong enough raise serious question whether irrespective procedures used cf post kennedy dissenting constitution permits detention indefinite potentially permanent despite constitutional problem congress made intent statute clear must give effect intent miller french quoting sinclair refining atkinson find however clear indication congressional intent grant attorney general power hold indefinitely confinement alien ordered removed whether protecting community dangerous aliens primary believe secondary statutory purpose cf post kennedy dissenting provision part statute basic purpose effectuating alien removal assume gress saw alien dangerousness unrelated purpose government points statute word may may suggests discretion necessarily suggest unlimited discretion respect word may ambiguous indeed congress meant authorize detention unremovable aliens certainly spoken clearer terms compare supp country willing receive terrorist alien ordered removed attorney general may notwithstanding provision law retain alien custody must review detention determination every six months government points similar related statutes require detention criminal aliens removal proceedings removal period argues show mandatory detention rule discretionary release narrow exception see brief petitioners citing statute us applies terrorists criminals also ordinary visa violators see supra importantly detention unlike detention pending determination removability subsequent removal period obvious termination point government also points statute history history catalogs series changes initial period lower courts interpreted statutory silence immigration act ch stat mean detention must end within reasonable time spector landon collecting cases ex rel doukas wiley ex rel ross wallis period early late statutes permitted require detention six months immigration nationality act stat ed witkovich recent statutes times mandated times permitted detention aliens falling certain categories aggravated felons abuse act stat mandating detention immigration act stat permitting release certain circumstances miscellaneous technical immigration naturalization amendments stat early congress explicitly expanded group aliens subject mandatory detention eliminating provisions permitted release criminal aliens one time lawfully admitted antiterrorism effective death penalty act stat later year congress enacted present law liberalizes law shortening removal period six months days mandates detention certain criminal aliens removal proceedings subsequent removal period adds provision issue illegal immigration reform immigrant responsibility act div stat supp found nothing history statutes clearly demonstrates congressional intent authorize indefinite perhaps permanent detention consequently interpreting statute avoid serious constitutional threat conclude removal longer reasonably foreseeable continued detention longer authorized statute see coke institutes cessante ratione legis cessat ipse lex rationale legal rule longer applicable rule longer applies iv government seems argue even interpretation statute federal habeas accept government view whether implicit statutory limitation satisfied particular case conducting little independent review matter view whether set particular circumstances amounts detention within beyond period reasonably necessary secure removal determinative whether detention pursuant statutory authority basic federal habeas corpus statute grants federal courts authority answer question see granting courts authority determine whether detention violation laws courts carry described historic purpose writ namely relieve detention executive authorities without judicial trial brown allen jackson concurring result answering basic question habeas must ask whether detention question exceeds period reasonably necessary secure removal measure reasonableness primarily terms statute basic purpose namely assuring alien presence moment removal thus removal reasonably foreseeable hold continued detention unreasonable longer authorized statute case course alien release may conditioned various forms supervised release appropriate circumstances alien may doubt returned custody upon violation conditions see supra citing supp cfr removal reasonably foreseeable habeas consider risk alien committing crimes factor potentially justifying confinement within reasonable removal period see supra recognize government points review must take appropriate account greater expertise executive branch serious administrative needs concerns inherent necessarily extensive ins efforts enforce complex statute nation need speak one voice immigration matters brief respondents believe courts take appropriate account matters without abdicating legal responsibility review lawfulness alien continued detention ordinary principles judicial review area recognize primary executive branch responsibility counsel judges give expert agencies decisionmaking leeway matters invoke expertise see pension benefit guaranty corporation ltv recognize executive branch primacy foreign policy matters see container america franchise tax consequently require courts listen care government foreign policy judgments including example status repatriation negotiations issue grant government appropriate leeway judgments rest upon foreign policy expertise realize recognizing necessary executive leeway often call difficult judgments order limit occasions courts need make think practically necessary recognize presumptively reasonable period detention adopted similar presumptions contexts guide lower determinations see cheff schnackenberg plurality opinion adopting rule based definition petty offense code right jury trial extends cases sentence six months greater imposed county riverside mclaughlin adopting presumption based lower estimate time needed process arrestee delay probable cause hearing arrest reasonable hence constitutionally permissible argument made confining presumption days doubt congress shortened removal period days believed reasonably foreseeable removals accomplished time reason believe however congress previously doubted constitutionality detention six months see juris statement witkovich pp consequently sake uniform administration federal courts recognize period period alien provides good reason believe significant likelihood removal reasonably foreseeable future government must respond evidence sufficient rebut showing detention remain reasonable period prior confinement grows counts reasonably foreseeable future conversely shrink presumption course mean every alien removed must released six months contrary alien may held confinement determined significant likelihood removal reasonably foreseeable future fifth circuit held zadvydas continued detention lawful long good faith efforts effectuate deportation continue zadvydas failed show deportation prove impossible standard seem require alien seeking release show absence prospect removal matter unlikely unforeseeable demands reading statute bear ninth circuit held government required release detention reasonable likelihood removal foreseeable future conclusion may rested solely upon absence extant pending repatriation agreement without giving due weight likelihood successful future negotiations see consequently vacate decisions remand cases proceedings consistent opinion ordered kestutis zadvydas petitioner christine davis immigration naturalization service writ certiorari appeals fifth circuit john ashcroft attorney general et petitioners kim ho writ certiorari appeals ninth circuit june justice scalia justice thomas joins dissenting join part justice kennedy dissent establishes attorney general clear statutory authority detain criminal aliens specified time limit write separately believe justice kennedy suggests part ii opinion may situations courts order release believe zadvydas davis ashcroft careful description substantive right claimed reno flores suffices categorically refute existence criminal alien final order removal allegedly accepted country reasonably foreseeable future claims constitutional right supervised release claim repackaged freedom physical restraint freedom indefinite detention ante bottom claimed right release country individual concededly legal right constitutional right like criminal alien final order removal inadmissible alien border right chinese exclusion case shaughnessy ex rel mezei upheld potentially indefinite detention inadmissible alien government unable return anywhere else said think respondent continued exclusion deprives statutory constitutional right four members thought mezei deserved greater procedural protections attorney general refused divulge information mezei detained justice asserted mezei substantive constitutional right release country justice jackson dissent joined justice frankfurter affirmatively asserted opposite contradiction due process invest alien right enter confer admitted right remain national nothing constitution requires admission sufferance aliens hostile scheme government emphasis added insofar claimed legal right release country concerned alien final order removal stands equal footing inadmissible alien threshold entry right expressly declines apply overrule mezei ante attempts distinguish rather say obscure legal fog first claims distinction alien effected entry one never entered runs throughout immigration law ante true enough distinction makes perfect sense regard question procedures necessary prevent entry opposed procedures necessary eject person already see landon plasencia cases frequently suggested continuously present resident alien entitled fair hearing threatened deportation emphasis added citation wong wing proposition held due process clause protects alien subject final order deportation ante arguably relevant case least involved aliens final order deportation held subjected punishment hard labor without judicial trial sure tortured well neither prohibition anything right released wong wing show rights detained aliens subject final order deportation different rights aliens arrested detained border unless believes detained alien mezei set hard labor mezei thus stands unexplained undistinguished opinion offered justification alien valid final order removal totally extinguished whatever right presence country possessed greater due process right released country alien border seeking entry congress undoubtedly thought groups aliens inadmissible aliens threshold criminal aliens final order removal constitutionally detained terms since provided authority detain groups statutory provision see believe mezei controls cases like also see reason reconsider mezei find constitutional impediment discretion congress gave attorney general justice kennedy dissent explains clarity detention provision see obstacle following statute plain meaning kestutis zadvydas petitioner christine davis immigration naturalization service writ certiorari appeals fifth circuit john ashcroft attorney general et petitioners kim ho writ certiorari appeals ninth circuit june justice kennedy chief justice joins justice scalia justice thomas join part dissenting says duty avoid constitutional question deems duty performed interpreting statute obvious disregard congressional intent curing resulting gap writing statutory amendment committing grave constitutional error arrogating judicial branch power summon high officers executive assess progress conducting nation sensitive negotiations foreign powers likely releasing general population least hundreds removable inadmissible aliens found fair procedures flight risks dangers community far avoiding constitutional question ruling causes systemic dislocation balance powers thus raising serious constitutional concerns cases hand view proper authority supposed respect seeks reaching constitutional question outweighed intrusive erroneous exercise powers guise judicial restraint intrude upon branches constitutional question statute presents must acknowledged may significant one later case drive us incorrect interpretation statute reached wrong result wrong reason respectful dissent required immigration nationality act ina et seq ed supp straightforward enough provides alien ordered removed inadmissible section title removable section title determined attorney general risk community unlikely comply order removal may detained beyond removal period released shall subject terms supervision paragraph supp statute congress confers upon attorney general discretion detain alien ordered removed gives express authorization detain beyond removal period ibid class removed aliens detainable section includes aliens inadmissible aliens subject final orders removal provided risk community likely flee issue determined whether authorization detain beyond removal period subject implied nontextual limitation detention longer reasonably necessary effect removal another country majority invokes canon constitutional doubt read implied term statute one accept premise substantial constitutional question presented prospect lengthy even unending detention instances statutory construction adopts rejected event interpretation basis language structure ina fact contradicts defeats purpose set forth express terms statutory text submitted misunderstands principle constitutional avoidance seeks invoke majority gives brief bow rule courts must respect intention congress ante waltzes away analysis language structure purpose statute analysis consistent precedents explaining limits constitutional doubt rule rule allows courts choose among constructions fairly possible crowell benson press statutory construction point disingenuous evasion even avoid constitutional question salinas quoting seminole tribe florida find two interpretations equal plausibility choose construction avoids confronting constitutional question majority reading statutory authorization detai beyond removal period however plausible interpretation defeats stated congressional purpose suffice invoke constitutional doubt rule plainly contrary intent congress video majority announces reject government argument statute means literally says ante declines offer acceptable textual interpretation majority demonstrate ambiguity delegation detention power attorney general simply amends statute impose time limit tied progress negotiations effect aliens removal statute construed requirement majority reads law simply bears relation text fact defeats statutory purpose design provisions link requirement reasonable time period removal process see providing alien arrives port entry shall removed immediately vessel aircraft unless impracticable within reasonable time emphasis added ii ii requiring owner vessel aircraft bringing alien pay costs detaining maintaining alien period time reasonably necessary owner arrange repatriation emphasis added congress chose impose limitation sections evidence intent measure detention period standards congress made express provisions contingency repatriation might difficult prolonged portions statute presumed omission contingency detention section purposeful indeed reasonable time limits provisions mentioned simply excuse duty early removal mandate release alien within one categories say ship stowaway subject well detention beyond removal period statute read written majority view however appears alien must released six months even presenting real danger community period invented even modified sliding standard reasonableness certain repatriation negotiations see ante makes statutory purpose protect community ineffective risk community exists whether repatriation negotiations end sight fact negotiations end risk may greater authority detain beyond removal period protect community negotiate aliens return risk community survives repatriation negotiations limited still significant extent concern flight fact international diplomacy governments policies change repatriation efforts revived attorney general interest ensuring alien report removal process begin congress moreover well aware difficulties confronting aliens removable repatriated made special provisions allowing employed privilege denied deportable aliens see providing alien removed due refusal countries designated alien section receive alien still remains eligible employment congress decision ameliorate condition aliens subject final order removal repatriated need detained illustrates balance statutory design yet renders side balance meaningless risk community posed removable alien function variety circumstances circumstances diminish alien deported within foreseeable time circumstances include seriousness alien past offenses efforts rehabilitation indication alien given real prospect detention alien conform conduct purpose periodic review detention status provided regulations see cfr amendment statute reads provision congressional decision dangerousness alone sufficient basis detention see ante citing coke institutes reads well meaningful structure supervised release majority correct observe witkovich read significant limitations statute ante permit us avoid proper reading enactment us witkovich construed former required alien final order deportation give information oath attorney general may deem fit proper held although plain language appears confer upon attorney general unbounded authority require whatever information deems desirable aliens whose deportation effected within six months constitutional doubt interpretation raise meant language construed limited provision information reasonably calculated keep attorney general advised regarding continued availability departure aliens whose deportation overdue witkovich interpretation text aid statutory purpose instant cases interpretation nullifies statutory purpose statute terms permits attorney general consider factors makes irrelevant majority unanchored interpretation ignores another indication attorney general detention discretion limited truncated period section permits continued detention removable aliens also inadmissible aliens instance stopped border entry congress provides detention categories within statutory grant authority accepting majority interpretation two possibilities neither sustainable one hand may majority rule applies categories aliens case asked assume congress intended restrict discretion confer upon attorney general inadmissible aliens must allowed community within six months hand majority logic might inadmissible removable aliens treated differently yet plausible construction imply time limit one class another text admit possibility result difficult see liens yet gained initial admission country present different question ante congress power detain aliens connection removal exclusion said part legislature considerable authority immigration matters see wong wing proceedings exclude expel vain accused held custody pending inquiry true character arrangements made deportation reasonable assume proper interpretation ina congress provided detention beyond removal period exercised considerable power immigration delegated attorney general discretion detain inadmissible removable aliens long determined either flight risk danger nation majority interpretation moreover defeats repatriation goal professes interest rushes substitute judicial judgment executive discretion authority government represents us judicial orders requiring release removable aliens even temporary basis potential undermine obvious necessity nation speak one voice immigration foreign affairs matters brief respondents result rule refusing accept repatriation nationals countries effect release individuals back american community ibid nationals large nation origin may ignore disclaim responsibility accept return ibid interference sensitive foreign relations becomes even acute hostility tension characterizes relationship countries use fact judicially mandated release strategic advantage refusing return nationals force dangerous aliens upon us one alarming aspects new venture foreign affairs management suggestion district expand contract reasonable period detention based assessment course negotiations foreign powers says allow executive perform duties six months foreign relations go judicially supervised receivership cases relies upon support imposition presumptions inapposite rule announced cheff schnackenberg sentences exceeding six months criminal contempt may imposed federal courts absent jury trial based definition petty offense still operable code proper peculiar power federal courts revise sentences contempt cases majority point similar statutory judicial source authority create rule cases cites observation brief filed government witkovich pp see ante relying turn doubts expressed senate report concerning detention longer six months act standards different far less precise applicable county riverside mclaughlin reasonableness presumption delays less hours arrest probable cause hearing majority recognizes ante based appeals determination time required complete procedures far know period bears particular relationship long takes deport group aliens matter long took past remove zadvydas case demonstrates repatriation process may often take years negotiate involving difficult issues establishing citizenship like see brief petitioner pp expected time time foreign power adopt truculent stance respect nations yet time limit presumptive time limit goes far undercut position executive repatriation negotiations thus ill serving interest foreign nationals country concerned aliens might wish return home country instance strained relationship caused difficult repatriation talks might prove substantial obstacle aliens well addition weakening hand government ordered release help encourage dilatory obstructive tactics aliens emboldened new rule good reason cooperate making repatriation transfer seem foreseeable alien ordered deported also less incentive cooperate facilitate expeditious removal released even supervised basis alien held immigration naturalization service ins detention facility neither alien family find urgency assisting petition countries accept alien back alien simply remain indefinitely risk community posed mandatory release aliens dangerous flight risk far insubstantial motivation protect citizenry aliens determined dangerous central immigration power government cites statistical studies showing high recidivism rates released aliens one government accounting office study cited congress floor debates antiterrorism effective death penalty act stat put figure high percent cong rec brief respondents seems evident criminal record accumulated admitted alien time likely better indicator risk factors relied upon ins initial decision admit exclude aliens ordered deported result committed felony proved dangerous suggestion aliens completed prison terms longer present danger simply accord reality significant risk may still exist determined many factors set forth regulations see cfr underworld terrorist links subtle may overseas beyond jurisdiction impose felony charges furthermore majority rationale seems apply alien flees prosecution escapes custody country fact alien deemed inadmissible fraud time entry necessarily distinguish case alien whose entry legal consider example fugitive alien enters fraud stealth resides five years significant ties community though still presenting danger contrast alien entered lawfully month later committed act making removable rationale apply second alien first apparent majority come terms distinctions rationale rule majority creates permits consideration nothing reasonable foreseeability removal see ante standard without sound basis statutory structure also susceptible customary judicial inquiry cf ins judiciary well positioned shoulder primary responsibility assessing likelihood importance diplomatic repercussions majority say release terrorists special circumstances might justify heightened deference judgments political branches respect matters national security ante appears rely assessment risk premise finds inadequate sustain natural reading statute reject rationale order deny power attorney general invoke rationale save analysis rule startling breadth invites potentially perverse results nations may refuse admit aliens committed certain crimes see brief petitioner lithuanian law precludes granting citizenship persons coming lithuania sentenced another state imprisonment deliberate crime criminal liability imposed laws republic lithuania citations internal quotation marks omitted often aliens committed serious crimes may released immediately majority rule example presented case saroeut ourk cambodian alien determined removable held pending deportation see ourk ins cert pending ourk convicted rape use drugs conjunction kidnaping girl serving months prison term released parole returned custody twice parole violations pet cert pp ordered deported transferred custody ins surprise ins determined flight risk danger community yet appeals ninth circuit concluded based earlier decision kim ho reno ourk longer held pending deportation since removal cambodia reasonably foreseeable app pet cert pp see also phetsany ins cert pending requiring release native citizen laos convicted attempted premeditated murder mounsaveng ins cert pending releasing citizen laos convicted rape girl reckless endangerment involvement fight gunshots fired lim reno cert pending releasing cambodian convicted rape robbery phuong phuc le ins cert pending releasing vietnamese citizen convicted voluntary manslaughter crime involving attempted murder two persons today result ensure dangerous individuals hundreds like remain free executive branch tries secure removal contrast aliens violate mere tourist visa requirements ante typical case held pending deportation grounds minor offender likely removed reason suppose congress intended odd result majority rule limited aliens lawfully admitted today result may well mandate release aliens first gained entry illegally fraud indeed broad enough require even inadmissible excludable aliens detained border set free community holland example rosales cuban citizen arrived country mariel boatlift upon arrival rosales released custody relative attorney general authority parole illegal aliens see committed multiple crimes convicted imprisoned serving sentence burglary grand larceny rosales escaped prison another offenses ultimately served time ins eventually revoked rosales immigration parole ordered deported held pending deportation subject periodic consideration parole cuban review plan see cfr reasoning remarkably similar majority appeals sixth circuit held indefinite detention rosales violated fifth amendment due process rights government offered credible proof possibility cuba may accept rosales return anytime foreseeable future result mariel cubans illegal inadmissible aliens released notwithstanding criminal history obvious flight risk seem necessary consequence majority construction statute majority confidence judiciary handle matters appropriate sensitivity ante allows meaningful category confine explain sweeping rule provides justification wresting sovereign power away political branches first place support judicially manageable standards deciding foreseeability removal curious majority approve continued detention beyond period matter period deportation reasonably foreseeable ins detain alien dangerous seem irrelevant constitution majority presumption ins detained alien little reason detention permitted removable alien liberty interest citizen bring acknowledge established proposition likewise far evident majority theory ins condition supervise release aliens removable reasonably foreseeable future alien may doubt returned custody upon violation conditions true threat revocation supervised release necessary make supervised release effective fact even counsel zadvydas acknowledged brief petitioner however whole foundation position collapses today assumes role foreign relations unprecedented unfortunate unwise misstep results part misunderstanding liberty interests aliens retain issue next discussed ii aliens claims substantial plight real face continued detention perhaps life unless shown longer present flight risk danger community later case specific circumstances detention may present substantial constitutional question reason however framing rule ignores law governing alien status persons within jurisdiction aliens entitled protection due process clause liberty due process clause includes protection unlawful arbitrary personal restraint detention liberty rights aliens us subject limitations conditions applicable citizens however see mathews diaz exercise broad power naturalization immigration congress regularly makes rules unacceptable applied citizens party proceeding contests initial premise aliens determined removable fair hearing lawful proper procedures section sets forth proceedings required deciding inadmissibility removability alien including hearing immigration judge ins carries burden establishing clear convincing evidence alien deportable see also berenyi district director ins government seeks deport resident alien send shores carries heavy burden proving case clear unequivocal convincing evidence internal quotation marks footnotes omitted aliens ordered removed pursuant procedures given notice right appeal decision may move immigration judge reconsider seek discretionary cancellation removal obtain habeas review attorney general decision consider waiver deportation see ins cyr ante slip result aliens like zadvydas arrive removable status without thorough substantial procedural safeguards majority likely correct say distinction alien entered aliens one runs throughout immigration law ante distinction clear might seem however doubt suffice confine rationale adopted majority case often comes mind one tests distinction shaughnessy ex rel mezei considered situation alien denied entry detained ellis island detention foreseeable end though mezei inadmissible seemed country case presented problem asking whether alien country whether situation still foreign shores whether fell legal category somewhere though true still clear resolve case held alien right hearing secure release approximately months denied mezei relief attorney general released parole appears mezei never returned ins custody though admitted citizen lawful permanent resident see weisselberg exclusion detention aliens lessons lives ellen knauff ignatz mezei rev majority says earlier presence aliens distinguishes cases mezei reasons given submitted majority incorrect major conclusions events even assumed aliens class rights mezei makes difference purposes dissent necessary rely upon mezei said must made clear aliens position far different aliens lawful right remain removable rights must defined accordance status due process analysis must begin careful description asserted right reno flores long held alien seeking initial admission requests privilege constitutional rights regarding application power admit exclude aliens sovereign prerogative landon plasencia true aliens like zadvydas face final order removal alien removable right basic immigration laws remain country removal orders reflect determination aliens ties community insufficient justify continued presence alien admission country conditioned upon compliance laws removal consequence breach understanding true accorded procedural protections aliens admitted country stopped border observing continuously present alien entitled fair hearing threatened deportation ibid mezei supra liens passed gates even illegally may expelled proceedings conforming traditional standards fairness encompassed due process law alien threshold initial entry stands different footing whatever procedure authorized congress due process far alien denied entry quoting ex rel knauff shaughnessy removable excludable aliens situated differently order removal entered removable alien virtue continued presence possesses interest remaining excludable alien seeks privilege entry still removable inadmissible aliens entitled free detention arbitrary capricious detention incident removal detention justified punishment confinement conditions designed order punish see wong wing accords international views detention refugees asylum seekers see report nations working group arbitrary detention doc nations high commissioner refugees guidelines applicable criteria standards relating detention neither arbitrary capricious detain aliens necessary avoid risk flight danger community whether due process right denied removable aliens flight risks dangers community detained turns substantive right free whether adequate procedures review cases allowing persons subject detention show rehabilitation new appreciation responsibilities standards longer present special risks danger put large procedures determine review detention go far toward objective regulations promulgated notice comment attorney general given structure discretion delegated ina order ensure fairness regularity ins detention decisions first ins provides initial postcustody review expiration removal period district director conducts record review cfr alien entitled present relevant information support release district director discretion interview alien personal evaluation end period alien held custody transferred postorder detention unit ins headquarters ordinary course conduct initial custody review within three months transfer ii ins determines alien remain detention panel ins officers interviews alien makes recommendation ins headquarters regulations provide extensive nonexhaustive list factors considered recommendation release detain include nature number disciplinary infractions detainee criminal conduct criminal convictions including consideration nature severity alien convictions sentences imposed time actually served probation criminal parole history evidence recidivism criminal history psychiatric psychological reports pertaining detainee mental health vidence rehabilitation avorable factors including ties number close relatives rior immigration violations history likelihood alien significant flight risk may abscond avoid removal including history escapes probative information another review must occur within one year mandatory evaluations year thereafter alien requests ins discretion grant frequent reviews iii ins must provide alien advance written notice custody reviews must afford alien opportunity submit relevant materials consideration ii alien may assisted representative choice review ii ins must provide alien copy decision including brief statement reasons continued detention context proper analysis informed cases involving determinations morrissey brewer example held amount process due individual whose parole revoked liberty parolee although indeterminate includes many core values unqualified liberty see also board pardons allen rejected morrissey suggestion state justify parole revocation without informal procedural guarantees iven previous conviction proper imposition conditions recognized state overwhelming interest able return individual imprisonment without burden new adversary criminal trial ibid held review process need include judicial officer formal proceeding conducted neutral administrative official majority expresses concern regulations place burden alien show longer dangerous question adjudicated later case raising issue noted procedural protection real illusory criteria obtaining release far insurmountable statistics show february aliens provided custody reviews expiration removal period aliens released fed reg reply brief petitioners result although alien carries burden prove detention longer justified showing unreasonable burden like parolee morrissey aware conditions release aliens instant cases notice constructive actual ina imposes consequence commission certain crimes deportation also possibility continued detention cases deportation immediately feasible like prisoner board pardons allen sought review discretionary decision denying parole eligibility removable aliens held pending deportation due process liberty right ins conduct review procedures place see ins arbitrary categorical manner deny alien access administrative processes place review continued detention habeas jurisdiction lie redress due process violation caused denial mandated procedures cfr posture instant cases however neither zadvydas argues attorney general applied procedures improper manner challenge attorney general authority detain removal longer foreseeable government conceded habeas jurisdiction available review alien challenge detention following entry final order deportation brief respondents tr oral arg although detail nature habeas review result need decide today whether extent habeas review attorney general determination detained alien continues dangerous flight risk given undeniable deprivation liberty caused detention might substantial questions concerning severity necessary community risk adequacy judicial review specific cases alleged justification concluding alien dangerous flight risk issues matters presented us events judicial review available inquiry required majority focuses wrong factors concepts flight risk future dangerousness manageable legal categories see kansas hendricks foucha louisiana majority instead judiciary review status repatriation negotiations one thought paradigmatic examples nonjusticiable inquiry see ins inquiry require executive branch surrender primacy foreign affairs submit reports courts respecting ongoing negotiations international sphere high officials department state called testify status negotiations finds manageable appropriate role judiciary review single discrete case deciding whether fair procedures adequate judicial safeguards determine whether alien dangerous community detention justified rule serious misconception proper judicial function congress enacted reasons reverse decision appeals ninth circuit affirm judgment appeals fifth circuit dissent footnotes together ashcroft attorney general et al kim ho certiorari appeals ninth circuit footnotes also cites landon plasencia oblique support claim due process protection afforded aliens final order removal may vary depending upon status circumstance ante case entirely inapt involve alien subject final order deportation also cites johnson eisentrager ante case doubly irrelevant dealt deportation military detention enemy aliens outside territorial jurisdiction rejected habeas corpus jurisdiction anyway