INS v. NATIONAL CENTER FOR IMMIGRANTS' RIGHTS, INC.

No. 90-1090.

502 U.S. 183 (1991)

IMMIGRATION AND NATURALIZATION SERVICE et AL. v. NATIONAL CENTER FOR IMMIGRANTS' RIGHTS, INC., et al.

United States Supreme Court.

Decided December 16, 1991.


Attorney(s) appearing for the Case

Stephen J. Marzen argued the cause for petitioners. With him on the briefs were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Shapiro, Barbara L. Herwig, and John F. Daly.

Peter A. Schey argued the cause for respondents. With him on the brief were Michael Rubin and Robert Gibbs.*

Stevens, J., delivered the opinion for a unanimous Court.


Justice Stevens, delivered the opinion of the Court.

This case presents a narrow question of statutory construction. Section 242(a) of the Immigration and Nationality Act (INA) authorizes the Attorney General to arrest excludable aliens and, pending a determination of their deportability, either to hold them in custody or to release them on bond "containing such conditions as the Attorney General may prescribe." 66 Stat. 208, as amended, 8 U. S. C.

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