533US2 702 Unit: $U87 [10-21-02 18:35:10] PAGES PGT: OPIN ZADVYDAS v. DAVIS Scalia, J., dissenting V The Fifth Circuit held Zadvydas’ continued detention lawful as long as “good faith efforts to effectuate . . . deportation continue” and Zadvydas failed to show that deportation will prove “impossible.” 185 F. 3d, at 294, 297. But this standard would seem to require an alien seeking release to show the absence of any prospect of removal—no matter how unlikely or unforeseeable—which demands more than our reading of the statute can bear. The Ninth Circuit held that the Government was required to release Ma from detention because there was no reasonable likelihood of his removal in the foreseeable future. 208 F. 3d, at 831. But its conclusion may have rested solely upon the “absence” of an “extant or pending” repatriation agreement without giving due weight to the likelihood of successful future negotiations. See id., at 831, and n. 30. Consequently, we vacate the judgments below and remand both cases for further proceedings consistent with this opinion. It is so ordered. Justice Scalia, with whom Justice Thomas joins, dissenting. I join Part I of Justice Kennedy’s dissent, which establishes the Attorney General’s clear statutory authority to detain criminal aliens with no specified time limit. I write separately because I do not believe that, as Justice Kennedy suggests in Part II of his opinion, there may be some situations in which the courts can order release. I believe that in both Zadvydas v. Davis, No. 99–7791, and Ashcroft v. Ma, No. 00–38, a “careful description” of the substantive right claimed, Reno v. Flores, 507 U. S. 292, 302 (1993), suffices categorically to refute its existence. A criminal alien under final order of removal who allegedly will not be accepted by any other country in the reasonably foreseeable future claims a constitutional right of supervised release into the United States. This claim can be repackaged as freedom