Clark v. Martinez
http://dbpedia.org/resource/Clark_v._Martinez an entity of type: Thing
Clark v. Martinez, 543 U.S. 371 (2005), was a United States Supreme Court case ending the pointless detention of people who had been denied refugee status. They were kept in prison awaiting deportation even though they could not in fact be deported due to a political stalemate with Cuba. An alien can be found inadmissible on the grounds of poor health, criminal history, substance trafficking, prostitution/human trafficking, money laundering, terrorist activity, etc. The deportation process requires a ruling from an immigration judge for violating immigration laws. The case resolved conflicting rulings made by the 9th and 11th circuits on whether Zadvydas v. Davis (2001) was applicable to inadmissible immigrants, Sergio Martinez and Daniel Benitez. The cases of Martinez and Benitez were lat
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Clark v. Martinez
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Clark, Field Office Director, Seattle, Immigration and Customs Enforcement, et al. v. Martinez
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Thomas
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Stevens, O'Connor, Kennedy, Souter, Ginsburg, Breyer
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2004
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Clark v. Martinez, 543 U.S. 371
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2005
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Clark, Field Office Director, Seattle, Immigration and Customs Enforcement, et al. v. Martinez
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Under ยง1231, the Secretary may detain inadmissible aliens beyond the 90-day removal period, but only for so long as is reasonably necessary to achieve removal; a six-month presumptive detention period applies to inadmissible aliens.
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Clark v. Martinez
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Scalia
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Supreme Court
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Clark v. Martinez, 543 U.S. 371 (2005), was a United States Supreme Court case ending the pointless detention of people who had been denied refugee status. They were kept in prison awaiting deportation even though they could not in fact be deported due to a political stalemate with Cuba. An alien can be found inadmissible on the grounds of poor health, criminal history, substance trafficking, prostitution/human trafficking, money laundering, terrorist activity, etc. The deportation process requires a ruling from an immigration judge for violating immigration laws. The case resolved conflicting rulings made by the 9th and 11th circuits on whether Zadvydas v. Davis (2001) was applicable to inadmissible immigrants, Sergio Martinez and Daniel Benitez. The cases of Martinez and Benitez were later consolidated by the Supreme Court. Zadvydas v. Davis stated that the government can detain admissible and admitted aliens only long enough beyond the 90-day removal period if necessary for deportation. If deportation is unforeseeable then the immigrant must be released. Zadvydas v. Davis fails to define if immigrants inadmissible to the U.S. have these same protections. The Supreme Court decision (7-2) found that Zadvydas v. Davis was in fact applicable to inadmissible immigrants. In the case of Martinez and Benitez where deportation to Cuba is implausible, further detention is unnecessary. The court however did not grant constitutional protection from indefinite detention to inadmissible immigrants.
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