Supreme Court of the United States
Clark, Field Office Director, Seattle, Immigration and Customs Enforcement v. Martinez — O'Connor, J…
January 12, 2005543 U.S. 371
Summary
Justice O'Connor concurred in the judgment, emphasizing that the six-month presumption from Zadvydas is just a presumption and may not apply to inadmissible aliens. She noted statutory tools for detaining security-risk aliens and conditions of supervised release. Justice Thomas dissented, arguing Zadvydas should be overruled and the Court should interpret 8 U.S.C. § 1231(a)(6) without limiting detention for inadmissible aliens.