2
CLARK v. MARTINEZ
Syllabus
who have been admitted to the country only as long as “reasonably
necessary” to effectuate their removal. Id., at 689, 699. This interpretation must apply to inadmissible aliens as well. Even if the
statutory purpose and constitutional concerns influencing the Zadvydas construction are not present for inadmissible aliens, that cannot
justify giving the same statutory text a different meaning depending
on the characteristics of the aliens involved. Crowell v. Benson, 285
U. S. 22, Raygor v. Regents of Univ. of Minn., 534 U. S. 533, and
Jinks v. Richland County, 538 U. S. 456, distinguished. Moreover,
contrary to the Government’s argument, nothing in Zadvydas indicates that §1231(a)(6) authorizes detention until it approaches constitutional limits. Nor does §1182(d)(5) independently authorize continued detention of these aliens. Pp. 5–14.
2. In Zadvydas, the Court further held that the presumptive period during which an alien’s detention is reasonably necessary to effectuate removal is six months, and that he must be conditionally released after that time if he can demonstrate that there is “no
significant likelihood of removal in the reasonably foreseeable future.” 533 U. S., at 701. The Government having suggested no reason that the time reasonably necessary for removal is longer for an
inadmissible alien, this same 6-month presumptive detention period
applies in these cases. Because both Martinez and Benitez were detained well beyond six months after their removal orders became final, the Government has brought forward nothing to indicate that a
substantial likelihood of removal subsists, and the District Court in
each case has determined that removal to Cuba is not reasonably
foreseeable, the habeas petitions should have been granted. Pp. 14–
15.
No. 03–878, affirmed; No. 03–7434, 337 F. 3d 1289, reversed; and both
cases remanded.
SCALIA, J., delivered the opinion of the Court, in which STEVENS,
O’CONNOR, KENNEDY, SOUTER, GINSBURG, and BREYER, JJ., joined.
O’CONNOR, J., filed a concurring opinion. THOMAS, J., filed a dissenting
opinion, in which REHNQUIST, C. J., joined as to Part I–A.