(Bench Opinion) OCTOBER TERM, 2004 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus CLARK, FIELD OFFICE DIRECTOR, SEATTLE, IMMIGRATION AND CUSTOMS ENFORCEMENT, ET AL. v. MARTINEZ CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 03–878. Argued October 13, 2004—Decided January 12, 2005* If an alien is found inadmissible and ordered removed, the Secretary of Homeland Security (Secretary) ordinarily must remove the alien from the country within 90 days. 8 U. S. C. §1231(a)(1)(A). Here, Martinez, respondent in No. 03–878, and Benitez, petitioner in No. 03– 7434, Cuban nationals who are both inadmissible under §1182, were ordered removed, but were detained beyond the 90-day removal period. Each filed a habeas corpus petition challenging his continued detention. In Martinez’s case, the District Court found that removal was not reasonably foreseeable and ordered that Martinez be released under appropriate conditions. The Ninth Circuit affirmed. In Benitez’s case, the District Court also accepted that removal would not occur in the foreseeable future, but nonetheless denied the petition. The Eleventh Circuit affirmed. Held: 1. Under §1231(a)(6), the Secretary may detain inadmissible aliens beyond the 90-day removal period, but only for so long as is reasonably necessary to achieve removal. Section 1231(a)(6)’s operative language, “may be detained beyond the removal period,” applies equally to all aliens that are its subject, whether or not those aliens have been admitted to the country. In Zadvydas v. Davis, 533 U. S. 678, this Court interpreted §1231(a)(6) to authorize the detention of aliens —————— * Together with No. 03–7434, Benitez v. Rozos, Field Office Director, Miami, Immigration and Customs Enforcement, on certiorari to the United States Court of Appeals for the Eleventh Circuit.