Filed Date: May 17, 1999
Closed Date: 2005
Clearinghouse coding complete
On May 17, 1999, a Korean citizen and legal permanent resident ("LPR") who had been convicted of several crimes filed a petition for writ of habeas corpus in the U.S. District Court for the Northern District of California, seeking his release from INS custody and challenging the no-bail provision of Immigration and Nationality Act (INA), 8 U.S.C. § 1226(c). Plaintiff alleged that he was unlawfully denied bail while removal proceedings against him were pending in violation of the Due Process Clause of the Fifth Amendment.
On August 10, 1999, the District Court (Judge Susan Y. Illston) granted in part and denied in part the plaintiff's application for a writ of habeas corpus. The Court held that the statute violated both substantive due process and procedural due process on its face and ordered that plaintiff be granted a bail hearing. The government appealed. The 9th Circuit Court of Appeals (Judge Fletcher) affirmed. Kim v. Ziglar, 276 F.3d 523 (9th Cir. 2002). The Supreme Court granted certiorari.
On April 29, 2003, the Supreme Court (Chief Justice Rehnquist) reversed the District Court's order, finding that the no-bail provision was constitutional. Demore v. Kim, 538 U.S. 510. (2003). The Supreme Court held that "Congress, justifiably concerned that deportable criminal aliens who were not detained would continue to engage in crime and would fail to appear for their removal hearings in large numbers, could require that such aliens be detained for brief period necessary for their removal proceedings, without providing individualized determination as to whether aliens presented flight risks." Id. at 512.
Summary Authors
Erica Woodruff (8/21/2007)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6166363/parties/kim-v-schiltgen/
Breyer, Stephen Gerald (District of Columbia)
Carlton, Alfred P. (Illinois)
Chernack, Gregory S. (District of Columbia)
Condon, Brian (California)
Cordray, Richard A. (District of Columbia)
Breyer, Stephen Gerald (District of Columbia)
Fletcher, William A. (California)
Ginsburg, Ruth Bader (District of Columbia)
Hug, Procter Ralph Jr. (Nevada)
Illston, Susan Yvonne (California)
Kennedy, Anthony McLeod (District of Columbia)
Noonan, John T. Jr. (California)
O'Connor, Sandra Day (District of Columbia)
Rehnquist, William Hubbs (District of Columbia)
Scalia, Antonin (District of Columbia)
Souter, David Hackett (District of Columbia)
Chernack, Gregory S. (District of Columbia)
Cordray, Richard A. (District of Columbia)
Fitzpatrick, Joan (Washington)
Fleet, Katherine A. (District of Columbia)
Garces, Liliana M. (California)
Gorden, Michelle (District of Columbia)
Hut, A. Stephen Jr. (District of Columbia)
Kanstroom, Daniel (Massachusetts)
Loughran, Alice E. (District of Columbia)
Meade, Christopher J. (District of Columbia)
Mueller, Robert S. III (California)
Orler, Anthony J. (California)
Samp, Richard A. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/6166363/kim-v-schiltgen/
Last updated July 2, 2025, 11:13 p.m.