Clark, Field Office Director, Seattle, Immigration and Customs Enforcement v. Martinez — Thomas, J., Dissenting

Summary

Justice Thomas dissents, contending the majority misreads Zadvydas v. Davis by applying a 'lowest common denominator' principle that extends statutory detention limits to inadmissible aliens despite constitutional distinctions preserved in Zadvydas. He argues Zadvydas was wrongly decided and 8 U.S.C. § 1231(a)(6) permits indefinite detention of inadmissible aliens under its text. Justice O'Connor concurred to emphasize inadmissible aliens may be detained beyond six months if removal is not reasonably foreseeable.