Matches in DBpedia 2014 for { ?s ?p Clark v. Martinez, 543 U.S. 371 (2005) was a United States Supreme Court case about the detention of inadmissible immigrants during the deportation process. 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 attempted to resolve the 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 states 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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- Clark_v._Martinez abstract "Clark v. Martinez, 543 U.S. 371 (2005) was a United States Supreme Court case about the detention of inadmissible immigrants during the deportation process. 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 attempted to resolve the 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 states 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.".