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Keywords

willdue processhuman rightsdeportationrespondentliens
willdue processhuman rightsdeportationrespondentliens

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Phan v. Reno

Facts

The five lead petitioners and the aliens whom they represent are lawful permanent residents of the United States who have been ordered deported to their native countries because they committed crimes designated by Congress as deportable offenses. The petitioners have been detained at various state and federal facilities by the INS since their orders of deportation became final. The INS has been unable to deport the petitioners, despite the final orders of deportation, because their countries of origin refuse to receive them. They nevertheless continue to be detained. As of the date of this order, the five lead petitioners have been detained between eight months and three years. All petitioners challenge the constitutionality of their continued detention on substantive and procedural due process grounds.

The five lead petitioners and the aliens whom they represent are lawful permanent residents of the United States who have been ordered deported to their native countries because they committed crimes designated by Congress as deportable offenses. The petitioners have been detained at various state and federal facilities by the INS since their orders of deportation became final. The INS has been unable to deport the petitioners, despite the final orders of deportation, because their countries of origin refuse to receive them. They nevertheless continue to be detained. As of the date of this order, the five lead petitioners have been detained between eight months and three years. All petitioners challenge the constitutionality of their continued detention on substantive and procedural due process grounds.

Issue

Whether the INS detention of aliens ordered deported to countries that have refused them admittance violates substantive or procedural due process.

Whether the INS detention of aliens ordered deported to countries that have refused them admittance violates substantive or procedural due process.

Rule

The Due Process Clause of the Fifth Amendment protects the most basic and fundamental of human rights, ensuring that no person will be deprived of life, liberty or property without due process of the law. Its protection extends to all 'persons' within the borders of the United States, including deportable aliens.

The Due Process Clause of the Fifth Amendment protects the most basic and fundamental of human rights, ensuring that no person will be deprived of life, liberty or property without due process of the law. Its protection extends to all 'persons' within the borders of the United States, including deportable aliens.

Analysis

The court determined that the entry fiction doctrine was inapplicable to the aliens' claims because they were deportable, not excludable, aliens, which meant that they were entitled to certain constitutional guarantees. The court emphasized that the petitioners' right to be at liberty was a fundamental interest deserving of due process protection. The court applied strict scrutiny to the government's justification for the continued detention, concluding that the detention was excessive in relation to the governmental interests.

The court determined that the entry fiction doctrine was inapplicable to the aliens' claims because they were deportable, not excludable, aliens, which meant that they were entitled to certain constitutional guarantees. The court emphasized that the petitioners' right to be at liberty was a fundamental interest deserving of due process protection. The court applied strict scrutiny to the government's justification for the continued detention, concluding that the detention was excessive in relation to the governmental interests.

Conclusion

The court set out a process to determine whether continued detention violated petitioners' right to substantive due process. The court found petitioners' interest in liberty a fundamental interest and respondents faced heightened scrutiny in their detention of petitioners.

The court set out a process to determine whether continued detention violated petitioners' right to substantive due process. The court found petitioners' interest in liberty a fundamental interest and respondents faced heightened scrutiny in their detention of petitioners.

Who won?

Petitioners prevailed in the case as the court recognized their fundamental liberty interest and established that their continued detention without due process was unconstitutional.

Petitioners prevailed in the case as the court recognized their fundamental liberty interest and established that their continued detention without due process was unconstitutional.

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