533US2
Unit: $U87
[10-21-02 18:35:10] PAGES PGT: OPIN
Cite as: 533 U. S. 678 (2001)
701
Opinion of the Court
the occasions when courts will need to make them, we think
it practically necessary to recognize some presumptively reasonable period of detention. We have adopted similar presumptions in other contexts to guide lower court determinations. See Cheff v. Schnackenberg, 384 U. S. 373, 379–380
(1966) (plurality opinion) (adopting rule, based on definition
of “petty offense” in United States Code, that right to jury
trial extends to all cases in which sentence of six months or
greater is imposed); County of Riverside v. McLaughlin, 500
U. S. 44, 56–58 (1991) (O’Connor, J.) (adopting presumption,
based on lower court estimate of time needed to process arrestee, that 48-hour delay in probable-cause hearing after
arrest is reasonable, hence constitutionally permissible).
While an argument can be made for confining any presumption to 90 days, we doubt that when Congress shortened the removal period to 90 days in 1996 it believed that
all reasonably foreseeable removals could be accomplished
in that time. We do have reason to believe, however, that
Congress previously doubted the constitutionality of detention for more than six months. See Juris. Statement in
United States v. Witkovich, O. T. 1956, No. 295, pp. 8–9.
Consequently, for the sake of uniform administration in the
federal courts, we recognize that period. After this 6month period, once the alien provides good reason to believe
that there is no significant likelihood of removal in the reasonably foreseeable future, the Government must respond
with evidence sufficient to rebut that showing. And for detention to remain reasonable, as the period of prior postremoval confinement grows, what counts as the “reasonably
foreseeable future” conversely would have to shrink. This
6-month presumption, of course, does not mean that every
alien not removed must be released after six months. To
the contrary, an alien may be held in confinement until it
has been determined that there is no significant likelihood of
removal in the reasonably foreseeable future.