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Zadvydas v. Davis

533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001)

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Zadvydas v. Davis

United States Supreme Court

533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001)

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Facts

Zadvydas and Kim Ho Ma (plaintiffs) were both ordered removed but remained in government custody after the initial 90-day removal period. Zadvydas, a resident alien, was convicted of multiple crimes and ordered removed. However, no country would accept him and he remained in custody. Ma was a resident alien convicted of manslaughter and ordered removed after serving two years in jail. The INS continued to keep him after the removal period because it believed Ma would not remain nonviolent and comply with the conditions of his release. Zadvydas and Ma both sought a writ of habeas corpus and the Supreme Court granted certiorari and consolidated the appeals.

Rule of Law

Issue

Holding and Reasoning (Breyer, J.)

Dissent (Scalia, J.)

Dissent (Kennedy, J.)

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