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




Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology