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ZADVYDAS v. DAVIS
Opinion of the Court
cumstance present is the alien’s removable status itself,
which bears no relation to a detainee’s dangerousness. Cf.
id., at 358; Foucha, supra, at 82.
Moreover, the sole procedural protections available to the
alien are found in administrative proceedings, where the
alien bears the burden of proving he is not dangerous, without (in the Government’s view) significant later judicial review. Compare 8 CFR § 241.4(d)(1) (2001) (imposing burden
of proving nondangerousness upon alien) with Foucha,
supra, at 82 (striking down insanity-related detention for
that very reason). This Court has suggested, however, that
the Constitution may well preclude granting “an administrative body the unreviewable authority to make determinations implicating fundamental rights.” Superintendent,
Mass. Correctional Institution at Walpole v. Hill, 472 U. S.
445, 450 (1985) (O’Connor, J.); see also Crowell, 285 U. S., at
87 (Brandeis, J., dissenting) (“[U]nder certain circumstances,
the constitutional requirement of due process is a requirement of judicial process”). The Constitution demands
greater procedural protection even for property. See South
Carolina v. Regan, 465 U. S. 367, 393 (1984) (O’Connor, J.,
concurring in judgment); Phillips v. Commissioner, 283 U. S.
589, 595–597 (1931) (Brandeis, J.). The serious constitutional problem arising out of a statute that, in these circumstances, permits an indefinite, perhaps permanent, deprivation of human liberty without any such protection is obvious.
The Government argues that, from a constitutional perspective, alien status itself can justify indefinite detention,
and points to Shaughnessy v. United States ex rel. Mezei,
345 U. S. 206 (1953), as support. That case involved a once
lawfully admitted alien who left the United States, returned
after a trip abroad, was refused admission, and was left on
Ellis Island, indefinitely detained there because the Government could not find another country to accept him. The
Court held that Mezei’s detention did not violate the Constitution. Id., at 215–216.