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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