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CLARK v. MARTINEZ

No. 03-878.

543 U.S. 371 (2005)

CLARK, FIELD OFFICE DIRECTOR, SEATTLE, IMMIGRATION AND CUSTOMS ENFORCEMENT, ET AL. v. MARTINEZ

Supreme Court of United States.

Decided January 12, 2005.

Attorney(s) appearing for the Case

Deputy Solicitor General Kneedler argued the cause for petitioners in No. 03-878 and respondent in No. 03-7434. With him on the briefs were Acting Solicitor General Clement, former Solicitor General Olson, Assistant Attorney General Keisler, Patricia A. Millett, and Donald E. Keener.

Christine Stebbins Dahl, by appointment of the Court, 541 U.S. 986, argued the cause for respondent in No. 03-878. With her on the brief was Stephen R. Sady.

John S. Mills, by appointment of the Court, 541 U.S. 1084, argued the cause for petitioner in No. 03-7434. With him on the briefs were Tracy S. Carlin and Rebecca B. Creed.†

SCALIA, J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, KENNEDY, SOUTER, GINSBURG, and BREYER, JJ., joined. O'CONNOR, J., filed a concurring opinion, p. 387. THOMAS, J., filed a dissenting opinion, in which REHNQUIST, C. J., joined as to Part I-A, p. 388.

JUSTICE SCALIA delivered the opinion of the Court.

An alien arriving in the United States must be inspected by an immigration official, 66 Stat. 198, as amended, 8 U. S. C. § 1225(a)(3), and, unless he is found "clearly and beyond a doubt entitled to be admitted," must generally undergo removal proceedings to determine admissibility, § 1225(b) (2)(A). Meanwhile the alien may be detained, subject to the Secretary...

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