Fernandez v. Wilkinson

Abstract

Aliens — Exclusion — Right of State to exclude — Detention of excludable alien pending removal from State — Manner and length of detention — Human rights standards — Whether alien detained pending removal treated as lawfully present in State for purposes of Constitutional protection

Human rights — Detention — Excludable alien detained pending deportation — Whether length and manner of detention compatible with human rights standards — Human rights treaties as source of United States law

Relationship of international law and municipal law — Treaties — Human rights treaties — Whether forming part of United States law — Whether declaratory of rules of customary international law

Sources of international law — Treaties — Whether declaratory of custom — Human rights treaties — Treaty provisions regarding arbitrary detention — The law of the United States