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Demore v. Kim

United States Supreme Court
538 U.S. 510 (2003)


Facts

Kim (defendant) is a citizen of South Korea who became a lawful permanent resident of the U.S. in 1986. In 1996, he was convicted of first-degree burglary in a California state court. The following year he was convicted of a second crime, “petty theft with priors.” The Immigration and Naturalization Service (INS) charged that the defendant was deportable because of these convictions and detained him before his removal hearing pursuant to 8 U.S.C. § 1226(c), which provides that “the Attorney General shall take into custody any alien who” is deportable because he has been convicted of a one of a specified set of crimes. Kim filed a habeas corpus petition challenging the constitutionality of § 1226(c) and claiming that the statute violated his right to due process because the INS had not made a determination that he was either a danger to society or a flight risk. The district court agreed that the statute was unconstitutional and Kim was released on bond. The United States Court of Appeals for the Ninth Circuit affirmed, relying on Zadvydas v. Davis, 533 U.S. 678 (2001), which held that an alien can bring a habeas corpus petition to challenge his indefinite detention before a removal hearing.

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Concurrence/Dissent (Breyer, J.)

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