Johnson v. Chavez
In brief
The Supreme Court overturned the Fourth Circuit’s ruling and made §1231, not §1226, the law that controls detention in these cases.
- Where it stands
- Decided
Decided 6-3 · June 29, 2021 · Opinion by Justice Alito
- What it’s about
- The Supreme Court overturned the Fourth Circuit’s ruling and decided that 8 U.S.C. §1231, rather than §1226, governs the detention of Guzman Chavez and other noncitizens whose earlier removal orders were reinstated.
- Who it affects
- The ruling sets §1231, rather than §1226, as the detention law for this group. It tells lower courts and immigration authorities which law to apply while those protection claims are processed.
Summary: written with AI from the case record.
What it's about
The ruling covers people pursuing withholding or deferral of removal—protections they seek when they fear persecution or torture if sent to a particular country.
This case shows how immigration detention rules interact with protections for people who fear persecution or torture if returned to a particular country.
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.
What the Court decided
Holding
Section §1231, not §1226, governs the detention of aliens subject to reinstated orders of removal. 940 F. 3d 867, reversed.
- Result
- Reversed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
From the opinions
“The question in this case is whether respondents are entitled to a bond hearing while immigration authorities engage in the lengthy process of determining whether respondents have the legal right (because of their fear of persecution or torture) to have their removal withheld.”
What's next
Lower courts and immigration authorities will apply §1231 rather than §1226 to detention cases covered by the ruling. The decision does not state an individual custody outcome for Guzman Chavez.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
Show 6 moreShow fewer
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: status, opinion_date
Opinion added: opinion
Brief added: Petition
Brief added: Questions Presented
More questions
- What did Johnson v. Guzman Chavez decide?
- It decided that §1231, not §1226, controls detention for noncitizens whose removal orders were put back into effect while they seek withholding or deferral.
- Who does the Johnson v. Guzman Chavez ruling cover?
- It covers noncitizens whose orders to leave were put back into effect and who seek protection from persecution or torture in a particular country.
- Did Johnson v. Guzman Chavez order Guzman Chavez released?
- The ruling identifies the controlling detention law but does not state an individual release or custody outcome for Guzman Chavez.
- What happens next for detention cases covered by Johnson v. Guzman Chavez?
- Lower courts and immigration authorities will apply §1231 rather than §1226 to covered detention cases.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.