Decisions · 533 U.S. 678 (2001)

Zadvydas v. Davis

The Supreme Court construed a specific post-removal-period detention provision as limited to a period reasonably necessary for removal. Six months was described as presumptively reasonable, not an automatic release deadline.

Published:

Scope and purpose

The Court interpreted 8 U.S.C. §1231(a)(6) to avoid serious constitutional concerns about indefinite detention. After the presumptive period, a showing that removal is not significantly likely in the reasonably foreseeable future requires a government response sufficient to rebut it.

Related rules and practical context

Identify the actual detention authority and procedural stage. INA §241 detention is not identical to every pre-order detention situation. Subsequent Supreme Court and circuit authority must be checked before applying the holding to an individual case.

Primary sources

General reference information, not legal advice. A summary does not replace the statute or full decision. Check applicability and subsequent developments before filing. Publication does not imply attorney legal review or create an attorney-client relationship.

Frequently asked questions

What is Zadvydas v. Davis?

The Supreme Court construed a specific post-removal-period detention provision as limited to a period reasonably necessary for removal. Six months was described as presumptively reasonable, not an automatic release deadline.

What should I check before relying on this information?

Identify the actual detention authority and procedural stage. INA §241 detention is not identical to every pre-order detention situation. Subsequent Supreme Court and circuit authority must be checked before applying the holding to an individual case.

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