- Court: United States Supreme Court
- Area(s) of Law: Immigration
- Date Filed: June 29, 2022
- Case #: 19-897
- Judge(s)/Court Below: Alito, J. for the Court; Roberts, C.J.; Kavanaugh, J.; and Barrett, J. joined. Thomas, J. concurring Gorsuch, J. joined. Breyer, J. dissenting; Sotomayor, J. Kagan, J. joined.
- Full Text Opinion
Respondents are aliens who were removed but later re-entered the US, while awaiting withholding-only proceedings, they sought release on bond which was denied. The Government maintained respondents were detained under 8 U. S. C. §1231 not §1226 and thus not entitled to bond hearings. Respondents filed habeas proceedings in District Court saying §1226 governed their detention, the District Court entered summary judgment for Respondents, the Fourth Circuit affirmed. The Supreme Court held that §1231 not §1226 governed the detention of aliens subject to reinstated orders of removal. Respondents were ordered removed, by the plain text of §1231 which governs their case, it does not cease because an alien pursues withholding-only relief. The Government argued that even though an immigration judge might determine that DHS cannot remove an alien to a particular country such an order does not prohibit removal from the United States. DHS could remove the alien to any other authorized country. The removal order remains administratively final even if withholding-only relief were granted, they would be two separate orders. Textually, the Court found that §1231 must apply because every provision applied to respondents. Congress made the judgments on who would be a flight risk, the Court does not want to undermine those decisions. REVERSED.