Cite as: 538 U. S. 510 (2003)
Opinion of Breyer, J.
an individualized assessment of flight risk and dangerousness as long as the alien's claim that he is not deportable is (1) not interposed solely for purposes of delay and (2) raises a question of "law or fact" that is not insubstantial. And that interpretation, in my view, is consistent with what the Constitution demands. I would remand this case to the Ninth Circuit to determine whether Kim has raised such a claim.
With respect, I dissent from the Court's contrary disposition.
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