A. Neil Clark, Field Office Director, Seattle, Washington, Immigration and Customs Enforcement, et al. v. Sergio Suarez Martinez (543 U.S. 371)
U.S. Supreme Court · decided January 12, 2005 · Supreme Court Database (Spaeth)
- Citation
- 543 U.S. 371 · 125 S. Ct. 716
- Decided
- January 12, 2005
- Term
- October Term 2004
- Vote
- 7–2
- Majority author
- Justice Scalia
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Scalia delivered the opinion of the Court. An alien arriving in the United States must be inspected by an immigration official, 66 Stat. 198, as amended, 8 U. S. C. § 1225(a)(3), and, unless he is found “clearly and beyond a doubt entitled to be admitted,” must generally undergo removal proceedings to determine admissibility, § 1225(b) (2)(A). Meanwhile the alien may be detained, subject to the Secretary’s discretionary authority to parole him into the country. See § 1182(d)(5); 8 CFR § 212.5 (2004). If, at the conclusion of removal proceedings, the alien is determined to be inadmissible and ordered removed, the law provides that the Secretary of Homeland Security “shall remove the alien from the United States within a period of 90 days,” 8 U. S. C. § 1231(a)(1)(A). These cases concern the Secretary’s authority to continue to detain an inadmissible alien subject to a removal order after the 90-day removal period has elapsed. I Sergio Suarez Martinez, (respondent in No. 03-878) and Daniel Benitez (petitioner in No. 03-7434) arrived in the United States from Cuba in June 1980 as part of the Mariel boatlift, see Palma v. Verdeyen, 676 F. 2d 100, 101 (CA4 1982) (describing circumstances of Mariel boatlift), and were paroled into the country pursuant to the Attorney General’s authority under 8 U. S. C. § 1182(d)(5). See Pet. for Cert, in No. 03-878, p. 7; Benitez v.…
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