Demore v. Kim
January 15, 2003 (01-1491)
return to
case listing

Case Summary
Respondent is a lawful permanent resident alien. After he was convicted of first degree burglary and later petty theft, the Immigration and Naturalization Service (INS) detained him pursuant to 8 U.S.C. 1226(c) as a deportable alien. Respondent filed a habeas corpus petition claiming that 1266(c), which mandates detention without bail during the pendency of the removal proceedings, violates the Due Process Clause of the Fifth Amendment. The district court held 1266(c) facially unconstitutional. The Ninth Circuit Court of Appeals affirmed on narrower grounds, holding that indefinite, mandatory detention of lawful permanent resident aliens under 1226(c) violates the Due Process Clause because of the lack of an individualized determination of flight risks or danger to the community. The opinion of the Ninth Circuit is found at 276 F.3d 523.

To see the opinion of the lower court, click here.


PREDICTED OUTCOME ACTUAL
OUTCOME
Forecasting
Model
Expert
One
Expert
Two
Expert
Three
9-0 to Reverse 6-3 to Affirm 5-4 to Affirm 5-4 to Reverse 5-4 to Reverse
VOTING TO REVERSE
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
Scalia
Thomas
Rehnquist
Scalia
Kennedy
Thomas
Rehnquist
O'Connor
Scalia
Kennedy
Thomas
Rehnquist
O'Connor
Scalia
Kennedy
Thomas
VOTING TO AFFIRM
Stevens
O'Connor
Kennedy
Souter
Ginsburg
Breyer
Stevens
O'Connor
Breyer
Ginsburg
Souter
Stevens
Souter
Ginsburg
Breyer
Stevens
Souter
Ginsburg
Breyer

return to case listing