Johnson v. Arteaga-Martinez

The Government is not required to provide noncitizens detained for six months with bond hearings in which the Government bears the burden of proving, by clear and convincing evidence, that the noncitizen poses a flight risk or a danger to the community. No plausible construction of the text of 9 U.S.C. § 1231(a)(6) requires the Government to provide bond hearings with the procedures mandated by the Third Circuit. It says nothing about bond hearings before immigration judges or burdens of proof. Justice Clarence Thomas authored a concurrring opinion, in which Justice Neil Gorsuch joined in part, arguing that while the majority reached the correct conclusion, he would hold that the Court lacks jurisdiction, the Due Process Clause does not apply to removal of noncitizens, and Zadvydas v. Davis should be overruled. Justice Stephen Breyer authored an opinion concurring in part and dissenting in part. He argued that Zadvydas control the outcome in this case.