Demore v. Kim, 538 U.S. 510, 8 (2003)

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Cite as: 538 U. S. 510 (2003)

Opinion of the Court

Rather, respondent challenges the statutory framework that permits his detention without bail. Parra v. Perryman, supra, at 957 ("Section 1226(e) likewise deals with challenges to operational decisions, rather than to the legislation establishing the framework for those decisions").

This Court has held that "where Congress intends to preclude judicial review of constitutional claims its intent to do so must be clear." Webster v. Doe, 486 U. S. 592, 603 (1988); see also Johnson v. Robison, 415 U. S. 361, 367 (1974) (holding that provision barring review of " 'decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans' " did not bar constitutional challenge (emphasis deleted)). And, where a provision precluding review is claimed to bar habeas review, the Court has required a particularly clear statement that such is Congress' intent. See INS v. St. Cyr, 533 U. S. 289, 308-309 (2001) (holding that title of provision, "Elimination of Custody Review by Habeas Corpus," along with broad statement of intent to preclude review, was not sufficient to bar review of habeas corpus petitions); see also id., at 298 (citing cases refusing to find bar to habeas review where there was no specific mention of the Court's authority to hear habeas petitions); id., at 327 (Scalia, J., dissenting) (arguing that opinion established "a superclear statement, 'magic words' requirement for the congressional expression of" an intent to preclude habeas review).

Section 1226(e) contains no explicit provision barring habeas review, and we think that its clear text does not bar respondent's constitutional challenge to the legislation authorizing his detention without bail.

II

Having determined that the federal courts have jurisdiction to review a constitutional challenge to § 1226(c), we proceed to review respondent's claim. Section 1226(c) man-

517

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