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

Summary

Justice Breyer concurred in part on jurisdiction but dissented from the Court's disposition on the merits regarding mandatory detention without bail. He would interpret the statute to allow bail where deportability is contested and raise constitutional doubts, citing due process concerns. Justice Souter and Kennedy also dissented/concurred separately on the due process and individualized hearing requirements.