Cite as: 533 U. S. 678 (2001)
Syllabus
4. The standard that the Fifth Circuit applied in holding Zadvydas' continued detention lawful seems to require an alien seeking release to show the absence of any prospect of removal—no matter how unlikely or unforeseeable—and thus demands more than the statute can bear. The Ninth Circuit's conclusion that Ma should be released may have rested solely upon the absence of a repatriation agreement without giving due weight to the likelihood of successful future negotiations. P. 702.
185 F. 3d 279 and 208 F. 3d 815, vacated and remanded.
Breyer, J., delivered the opinion of the Court, in which Stevens, O'Connor, Souter, and Ginsburg, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, post, p. 702. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., joined, and in which Scalia and Thomas, JJ., joined as to Part I, post, p. 705.
Jay W. Stansell argued the cause for respondent in No. 00-38. With him on the brief were Thomas W. Hillier II and Jennifer E. Wellman.
Robert F. Barnard argued the cause for petitioner in No. 99-7791. With him on the briefs was Virginia Laughlin Schlueter.
Deputy Solicitor General Kneedler argued the cause for respondents in No. 99-7791 and petitioners in No. 00-38. With him on the briefs were Acting Solicitor General Underwood, former Solicitor General Waxman, Assistant Attorney General Ogden, Beth S. Brinkmann, Donald Keener, and Quynh Vu.*
*Daniel J. Popeo and Richard A. Samp filed a brief for the Washington Legal Foundation et al. as amici curiae urging affirmance in No. 99-7791.
Briefs of amici curiae urging affirmance in No. 00-38 were filed for the Catholic Legal Immigration Network, Inc., et al. by Laurie Joyce and Josh Dratel; for the American Association of Jews from the Former USSR et al. by Nancy Morawetz; for the Lawyers Committee for Human Rights by Seth M. M. Stodder; for the American Civil Liberties Union et al. by Judy Rabinovitz, Lucas Guttentag, Steven R. Shapiro, Wanyong Lai Austin, Jayashri Srikantiah, and Aaron H. Caplan; for Human Rights Watch et al. by William J. Aceves and Paul L. Hoffman; and for Carolyn Patty Blum et al. by George A. Cumming, Jr., and Charles D. Weisselberg.
681
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