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No. 19-897October Term 2019Decided Jun 29, 2021Updated May 24, 2026

Docket 19-897October Term 2019 (2019–2020)

Johnson v. Chavez

Johnson v. Guzman Chavez

This case asked which immigration detention law applies to noncitizens who were previously removed, reentered the United States, had their old removal orders reinstated, and are seeking withholding or deferral of removal because they fear persecution or torture.

Case status

Decided 6-3 · June 29, 2021 · Opinion by Justice Alito

Read the opinion (PDF)
Current stage
Decided
Latest event
Decision released Jun 29, 2021
Case Accepted
Arguments
Decision ReleasedJun 29, 2021
What it's about

This case asked which immigration detention law applies to noncitizens who were previously removed, reentered the United States, had their old removal orders reinstated, and are seeking withholding or deferral of removal because they fear persecution or torture. The answer determines whether they are detained under the post-removal statute or under the statute that generally allows bond hearings during removal proceedings.

Question presented

Whether the detention of an alien who is subject to a reinstated removal order and who is pursuing withholding or deferral of removal is governed by 8 U.S.C. 1231, or instead by 8 U.S.C. 1226.

Case path

United States Court of Appeals for the Fourth Circuit / Decision released Jun 29, 2021

Area

Immigration

Timing

Decided June 29, 2021

The Court released its decision on June 29, 2021 without hearing oral argument.

Activity

Docket activity3
  • Brief added: Questions Presented

    May 24, 2026 | Court records

  • Opinion added: opinion

    Jun 29, 2021 | Court records

  • Brief added: Petition

    Jan 17, 2020 | Court records