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Demore v. Kim

Docket No.: 01-1491
Certiorari Granted: Jun 28 2002
Argued: January 15, 2003
Decided: April 29, 2003

Topics:

Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended, Civil Rights, Deportation, ADA, ADEA, Administrative Procedure, Civil Procedure, Commerce Clause, Death Penalty, Deportation, Due Process, EPA, Eleventh Amendment, Equal Protection Clause, Fifth Amendment, Fourteenth Amendment, IIRIRA, Illegal Immigration Reform and Immigrant Responsibility Act, Immigration and Nationality Act, Immigration and Naturalization, Speedy Trial, Speedy Trial Act, Suspension Clause, Title VII, abuse of discretion, disparate treatment, habeas, habeas corpus, immigration, judicial review, sex discrimination, sovereign immunity

PartyNames: Immigration and Naturalization Service, et al. v. Hyung Joon Kim
Petitioner: Immigration and Naturalization Service, et al.
Respondent: Hyung Joon Kim

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 276 F.3d 523. QUESTION PRESENTED Section 1226(c)(1) of Title 8 of the United States Code requires the AttorneyGeneral to take into custody aliens who are inadmissible to or deportable from the United States because they have commi tted a specified offense, including anaggravated felony. Section 1226(c)(2) of Title 8 prohibits release of those aliens during administrative proceedings to re move them from the United States, except in very limited circumstances not present here. The question presented in this case is:Whether respondent's mandatory detention under Section 1226(c) violates the Due
Lower Court Decision
Supreme Court Docket

Immigration and Naturalization Service, et al.
v.
Hyung Joon Kim
538 U.S. 510 (2003)
Question:

Does the Immigration and Nationality Act, which provides for no-bail, civil detention, violate a lawful permanent resident alien's liberty interest?

Demore v. Kim
ORAL ARGUMENT

January 15, 2003

Holding: reversed
Decision: Decision: 5 votes for Demore, 4 vote(s) against

Demore v. Kim
Case Documents

1Opinion in Demore v. Kim
2Opinion in Demore v. Kim
Additional documents for this case are pending review.