512
Syllabus
did not serve its purported immigration purpose. Id., at 690. In contrast, because the statutory provision at issue in this case governs detention of deportable criminal aliens pending their removal proceedings, the detention necessarily serves the purpose of preventing the aliens from fleeing prior to or during such proceedings. Second, while the period of detention at issue in Zadvydas was "indefinite" and "potentially permanent," id., at 690-691, the record shows that §1226(c) detention not only has a definite termination point, but lasts, in the majority of cases, for less than the 90 days the Court considered presumptively valid in Zadvydas. Pp. 517-531.
276 F. 3d 523, reversed.
Rehnquist, C. J., delivered the opinion of the Court, in which Kennedy, J., joined in full, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined as to Part I, and in which O'Connor, Scalia, and Thomas, JJ., joined as to all but Part I. Kennedy, J., filed a concurring opinion, post, p. 531. O'Connor, J., filed an opinion concurring in part and concurring in the judgment, in which Scalia and Thomas, JJ., joined, post, p. 533. Souter, J., filed an opinion concurring in part and dissenting in part, in which Stevens and Ginsburg, JJ., joined, post, p. 540. Breyer, J., filed an opinion concurring in part and dissenting in part, post, p. 576.
Solicitor General Olson argued the cause for petitioners. With him on the briefs were Assistant Attorney General McCallum, Deputy Solicitor General Kneedler, Austin C. Schlick, Donald E. Keener, and Mark C. Walters.
Judy Rabinovitz argued the cause for respondent. With her on the brief were Lucas Guttentag, Lee Gelernt, Steven R. Shapiro, A. Stephen Hut, Jr., Christopher J. Meade, Liliana M. Garces, and Jayashri Srikantiah.*
*Daniel J. Popeo and Richard A. Samp filed a brief for the Washington Legal Foundation et al. as amici curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the American Bar Association by Alfred P. Carlton, Jr., and Jeffrey L. Bleich; for Citizens and Immigrants for Equal Justice et al. by Nancy Morawetz; for International Human Rights Organizations by William J. Aceves and Paul L. Hoffman; for Law Professors by Daniel Kanstroom; for the National Asian Pacific American Legal Consortium et al. by Richard A. Cordray, Eugene F. Chay, Vincent A. Eng, and William L. Taylor; and for T. Alexander Aleinikoff et al. by Anthony J. Orler.
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