Supreme Court of the United States

Demore, District Director, San Francisco District of Immigration and Naturalization Service, et a — Kennedy, J…

April 29, 2003538 U.S. 510

Summary

Justice Kennedy concurred, stressing that due process requires individualized procedures to validate immigration charges before detaining a lawful permanent resident. He joined the Court’s opinion fully, noting the Government bears the burden to justify detention beyond statutory categorization.