Demore, District Director, San Francisco District of Immigration an — Souter, J., Concurring in Part and Dissenting…

Summary

Justice Souter, joined by Justices Stevens and Ginsburg, dissents from the Court’s holding that the government may detain a lawful permanent resident under 8 U.S.C. §1226(c) without an individualized hearing. He argues that due process requires a specific justification and an impartial hearing before detention, and that the majority’s reliance on older precedents is misplaced.