Demore v. Kim

538 U.S. 510, 123 S.Ct. 1708, 155 L.Ed.2d 724 (2003)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
D
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Demore v. Kim

United States Supreme Court
538 U.S. 510, 123 S.Ct. 1708, 155 L.Ed.2d 724 (2003)

Play video

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.

Rule of Law

Issue

Holding and Reasoning (Rehnquist, C.J.)

Concurrence/Dissent (Souter, J.)

Concurrence/Dissent (Kennedy, J.)

Concurrence/Dissent (Breyer, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 812,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 812,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 812,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Immigration Law

Key Terms