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ZADVYDAS v. DAVIS

No. 99-7791.

533 U.S. 678 (2001)

ZADVYDAS v. DAVIS et al.

United States Supreme Court.

Decided June 28, 2001.

Attorney(s) appearing for the Case

Jay W. Stansell argued the cause for respondent in No. 00-38. With him on the brief were Thomas W. Hillier II and Jennifer E. Wellman.

Robert F. Barnard argued the cause for petitioner in No. 99-7791. With him on the briefs was Virginia Laughlin Schlueter.

Deputy Solicitor General Kneedler argued the cause for respondents in No. 99-7791 and petitioners in No. 00-38. With him on the briefs were Acting Solicitor General Underwood, former Solicitor General Waxman, Assistant Attorney General Ogden, Beth S. Brinkmann, Donald Keener, and Quynh Vu.*

Breyer, J., delivered the opinion of the Court, in which Stevens, O'Connor, Souter, and Ginsburg, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, p. 702. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., joined, and in which Scalia and Thomas, JJ., joined as to Part I, p. 705.

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...

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