Demore, District Director, San Francisco District of Immigration and Naturalization Service, et — O'Connor, J…

Summary

Justice O’Connor concurred in part and in the judgment, agreeing with the majority that the respondent’s due process challenge should fail on the merits. However, she would have held that 8 U.S.C. § 1226(e) bars habeas review of detention decisions under § 1226(c). Separate opinions by Justice Souter (joined by Stevens and Ginsburg) and Justice Breyer dissented on the merits, arguing due process or statutory construction require individualized bail hearings for lawful permanent residents.