Cite as: 538 U. S. 510 (2003)
Opinion of the Court
respondent argued that the Government may not, consistent with the Due Process Clause of the Fifth Amendment, detain him for the brief period necessary for his removal proceedings. The dissent, after an initial detour on the issue of respondent's concession, see post, at 541-543 (opinion of Souter, J.), ultimately acknowledges the real issue in this case. Post, at 555-556, n. 11; see also Brief in Opposition 1-2 (explaining that respondent's "challenge is solely to Section 1226(c)'s absolute prohibition on his release from detention").
"It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings." Flores, supra, at 306. At the same time, however, this Court has recognized detention during deportation proceedings as a constitutionally valid aspect of the deportation process. As we said more than a century ago, deportation proceedings "would be vain if those accused could not be held in custody pending the inquiry into their true character." Wong Wing v. United States, 163 U. S. 228, 235 (1896); see also Flores, supra, at 305-306; Zadvydas, 533 U. S., at 697 (distinguishing constitutionally questioned detention there at issue from "detention pending a determination of removability"); id., at 711 (Kennedy, J., dissenting) ("Congress' power to detain aliens in connection with removal or exclusion . . . is part of the Legislature's considerable authority over immigration matters").7
In Carlson v. Landon, 342 U. S. 524 (1952), the Court considered a challenge to the detention of aliens who were deportable because of their participation in Communist ac-Lest there be any confusion, we emphasize that by conceding he is "de-portable" and, hence, subject to mandatory detention under § 1226(c), respondent did not concede that he will ultimately be deported. As the dissent notes, respondent has applied for withholding of removal. Post, at 541 (opinion of Souter, J.).
7 In fact, prior to 1907 there was no provision permitting bail for any aliens during the pendency of their deportation proceedings. See §20, 34 Stat. 905.
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