Johnson, Acting Director of U.S. Immigration and Customs Enforcement, et al. v. Guzman Chavez et al.

Summary

The Supreme Court held that 8 U.S.C. § 1231, rather than § 1226, governs the detention of aliens subject to reinstated removal orders while they pursue withholding-only relief. Because withholding-only proceedings restrict removal to a particular country without vacating or reopening the reinstated removal order, the detained aliens were not entitled to individualized bond hearings under § 1226. The Court reversed the judgment of the Fourth Circuit.

Holdings

1. Section 1231, not § 1226, governs the detention of aliens subject to reinstated orders of removal; therefore, those aliens are not entitled to a § 1226 bond hearing while pursuing withholding-only relief.
2. Initiating withholding-only proceedings does not render non-final an otherwise administratively final reinstated removal order.
3. The phrase 'Except as otherwise provided in this section' in § 1231(a)(1)(A) concerns statutory provisions that extend or otherwise address the length of the removal period; it does not prevent the removal period from beginning when withholding-only proceedings are pending.

Questions Presented

1. Whether 8 U.S.C. § 1231 or § 1226 governs detention of aliens subject to reinstated removal orders who are pursuing withholding-only relief.
2. Whether a reinstated removal order is administratively final for purposes of § 1231 even while withholding-only proceedings remain pending.
3. Whether withholding-only proceedings prevent the § 1231 removal period from beginning or otherwise place detention under § 1226.

Disposition

reversed