Clark v. Martinez
United States Supreme Court
543 U.S. 371 (2005)
- Written by Christopher Bova, JD
Facts
Sergio Suarez Martinez and David Benitez (plaintiffs) entered the United States from Cuba during the Mariel boatlift in 1980. They were allowed to temporarily enter the United States on humanitarian parole. However, they were inadmissible due to criminal convictions and thus never became permanent residents. These convictions served as the basis for the revocation of their parole and led to their final removal orders. However, the Immigration and Naturalization Service (INS) detained both Martinez and Benitez past the expiration of the 90-day period for removal from the United States. Martinez and Benitez petitioned for habeas corpus relief in two different federal district courts to challenge their detentions past the 90-day removal period. The court in Martinez's case ordered INS to release Martinez, but the court in Benitez's case denied Benitez's habeas petition. Both decisions were affirmed in the respective federal appellate courts, and the United States Supreme Court granted certiorari in both cases.
Rule of Law
Issue
Holding and Reasoning (Scalia, J.)
Dissent (Thomas, J.)
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