What did the Supreme Court decide?
The law gives the government a 90-day removal period after a final order, and INA § 241(a)(6) lets it detain some people longer. On June 28, 2001, the Court read a limit into that statute. Kestutis Zadvydas, born in a displaced persons camp, could not be sent anywhere: Germany and Lithuania refused him. Civil detention with no end in sight raises a serious constitutional problem, so the Court held detention lasts only as long as reasonably necessary for removal. It set a presumption of 6 months for uniform use by courts. As time passes, what counts as the reasonably foreseeable future shrinks. But the opinion warns this does not mean everyone must be released after six months. Next step: if a relative has a final order and no country will accept them, write down the date of the order and every step ICE has taken.
When does the six-month clock start, and what can stop it?
The removal period starts on the latest of three dates: when the order becomes administratively final, when a court ends a stay of removal, or when the person leaves non-immigration custody. In Florida this is strict. In Akinwale v. Ashcroft the Eleventh Circuit held that the 6 months must have passed when the habeas petition is filed, and the person must also present evidence that removal is not significantly likely. A filing made too soon gets dismissed. The clock can also be extended against you: if you fail or refuse to apply in good faith for travel documents, or act to prevent removal, the period is suspended. Next step: cooperate with every passport or travel-document request, send it in writing, and keep copies, including any refusal from a consulate. Those papers are often the key evidence, and refusing to cooperate can defeat a claim.
How do I ask for release?
There are two tracks. Administratively, ICE reviews custody before the 90-day period ends and again about three months later, with roughly 30 days' notice of that second review. Under 8 C.F.R. § 241.13(d), a detained person may also send a written request for release to ICE headquarters' post-order detention unit, explaining why removal is not likely in the reasonably foreseeable future and showing cooperation. Include a release address, family letters and any consular refusal. The second track is a habeas corpus petition in federal district court under 28 U.S.C. § 2241, which Zadvydas confirmed is available for this challenge. Do not expect a bond hearing: in Johnson v. Arteaga-Martinez (2022) the Court held § 1231(a)(6) does not require one at six months. Next step: file the written request first, keep proof of delivery, and speak to a lawyer about habeas before the 6 months end, so that it is ready.
Who does this rule not help?
It protects people held after a final order, not people whose cases are still open. If you are fighting removal in court, different detention rules apply, and our bond hearing guide covers them. A person still inside the 90-day removal period has no Zadvydas claim yet. Clark v. Martinez (2005) applied the same time limit to people found inadmissible, in cases of Cuban nationals, one of them from the Eleventh Circuit. Yet 8 C.F.R. § 241.13 still says its special review does not cover arriving aliens or parolees, so such a person may need to go directly to court. The regulations also keep a separate track for certain dangerous people. Next step: find your stage by looking up the case with our court hearing guide. If a court has stayed removal while it reviews the case, the clock may not have started. A motion to reopen has its own rules.
What happens after release, and can I be detained again?
Release does not cancel the order or give you status. You are placed on supervision, which under 8 U.S.C. § 1231(a)(3) means periodic check-ins, sworn information about your activities, and written restrictions. Yes, you can be detained again. Under 8 C.F.R. § 241.13(i), violating a condition can lead to return to custody, and the regulation allows an additional six months of detention to carry out removal. ICE may also revoke release if changed circumstances make removal significantly likely. You must be told the reasons and given a prompt informal interview, where you may submit evidence that removal is still not likely. If a check-in letter worries you, go to a lawyer before the date, not after. Next step: attend every check-in, keep every stamped sheet, report address changes as your order requires, and carry on trying to obtain a travel document if ICE tells you to.
Can ICE send me to a third country instead?
Yes, and this now matters a great deal. The regulation asks about removal to the ordered country or a third country, so a refusal by your own country may not end the analysis. According to the Congressional Research Service on October 23, 2026, ICE does not ask about fear of the country it names; you must raise it yourself. It generally waits 24 hours after notice, and in undefined exigent circumstances 6 hours. On September 29, 2026, the Supreme Court stayed a lower-court ruling against this policy and set argument in DHS v. D.V.D. for December 9, 2026, so it stays in effect for now. Next step: if you are told about any third country, say in writing at once that you fear it and why, and call your lawyer. People without citizenship should also read statelessness and asylum. Our removal defense page explains how to reach us quickly.