Zadvydas v. Davis
Citation
533 U.S. 678 (2001)
Facts
Several resident aliens who had received final orders of deportation or removal were held in indefinite detention by immigration authorities because no country would accept them. They challenged their continued detention as unconstitutional.
Issue
Whether the immigration statute authorizes indefinite detention of aliens who have been ordered removed but cannot be deported because no country will accept them.
Holding
The Court held that the statute implicitly limits post-removal-order detention to a period reasonably necessary to effect removal, with six months serving as a presumptively reasonable period.
Rule
The constitutional avoidance canon applies to immigration detention statutes; due process limits indefinite post-removal-order detention, and detention beyond six months after a removal order is presumptively unreasonable.