533US2
Unit: $U87
[10-21-02 18:35:10] PAGES PGT: OPIN
Cite as: 533 U. S. 678 (2001)
699
Opinion of the Court
We have found nothing in the history of these statutes
that clearly demonstrates a congressional intent to authorize indefinite, perhaps permanent, detention. Consequently,
interpreting the statute to avoid a serious constitutional
threat, we conclude that, once removal is no longer reasonably foreseeable, continued detention is no longer authorized
by statute. See 1 E. Coke, Institutes *70b (“Cessante ratione legis cessat ipse lex”) (the rationale of a legal rule no
longer being applicable, that rule itself no longer applies).
IV
The Government seems to argue that, even under our interpretation of the statute, a federal habeas court would
have to accept the Government’s view about whether the
implicit statutory limitation is satisfied in a particular case,
conducting little or no independent review of the matter. In
our view, that is not so. Whether a set of particular circumstances amounts to detention within, or beyond, a period reasonably necessary to secure removal is determinative of
whether the detention is, or is not, pursuant to statutory
authority. The basic federal habeas corpus statute grants
the federal courts authority to answer that question. See 28
U. S. C. § 2241(c)(3) (granting courts authority to determine
whether detention is “in violation of the . . . laws . . . of the
United States”). In doing so the courts carry out what this
Court has described as the “historic purpose of the writ,”
namely, “to relieve detention by executive authorities without judicial trial.” Brown v. Allen, 344 U. S. 443, 533 (1953)
(Jackson, J., concurring in result).
In answering that basic question, the habeas court must
ask whether the detention in question exceeds a period reasonably necessary to secure removal. It should measure
reasonableness primarily in terms of the statute’s basic purpose, namely, assuring the alien’s presence at the moment of
removal. Thus, if removal is not reasonably foreseeable, the
court should hold continued detention unreasonable and no