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Legislative Process Keyed to Bressman, 4th Ed.
Zadvydas v. Davis
Citation:
533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001)Facts
Kestutis Zadvydas was born to Lithuanian parents in a displaced persons camp in Germany in 1948 and immigrated to the United States at age eight. He had a lengthy criminal record and was eventually ordered deported to Germany in 1994. Germany refused to accept him because he was not a German citizen, and Lithuania also refused because he was neither a citizen nor permanent resident. The INS continued to detain him after the 90-day removal period expired. Kim Ho Ma was born in Cambodia in 1977 and came to the United States as a refugee at age seven. At 17, he was involved in a gang-related shooting, convicted of manslaughter, and after serving his sentence, was ordered removed. Cambodia had no repatriation treaty with the United States and would not accept him. The INS continued to detain Ma beyond the 90-day removal period, citing his former gang membership and the nature of his crime. Both men filed habeas corpus petitions challenging their continued detention when it became apparent that their removals were not foreseeable.
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