- Demore v. Kim 538 U.S. 510 (2003) (Congress may require that deportable criminal aliens be detained for the brief period necessary for removal proceedings. Federal courts have jurisdiction to review a constitutional challenge to a detention under the Immigration and Nationality Act, 8 U.S.C. section 1226(c).)
- Fernandez-Vargas v. Gonzales 548 U.S. ___ (2006) (In the context of reinstatement of orders of removal on illegal entrants, Immigration and Nationality Act section 241(a)(5) applies to those who reentered the U.S. before the Illegal Immigration Reform and Immigrant Responsibility Act's (IIRIRA) effective date and does not retroactively affect any right of, or impose any burden on, the violator of the INA before the Court.)
- Hoffman Plastic Compounds, Inc. v. Nat'l Labor Relations Bd. 535 U.S. 137 (2002) (Federal immigration policy, as expressed by Congress in the Immigration Reform and Control Act of 1986, foreclosed the NLRB from awarding backpay to an undocumented alien who has never been legally authorized to work in the United States but has been terminated from his US job in violation of the National Labor Relations Act.)
- INS v. St. Cyr 533 U.S. 289 (2001) (Habeas corpus jurisdiction remains available to immigrants who have been ordered removed from the U.S., despite the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). Also, the provision of IIRIRA that repeals INA section 212(c) does not apply to individuals who would have been eligible for a 212(c) waiver of deportation at the time that they pled guilty to the offense.)
- Jama v. Immigrations and Customs Enforcement 543 U.S. 335 (2005) (Title 8 U.S.C. section 1231(b)(2), which prescribes the procedure for selecting the country to which an alien ineligible to remain in the U.S. will be removed, permits an alien to be removed to a country without the advance consent of that country's government.)
- Lopez v. Gonzales 549 U.S. ___ (2006) (In the context of the Immigration and Nationality Act (INA) and crimes falling under the term "aggravated felony," a state offense constitutes a "felony punishable under the Controlled Substances Act" only if it proscribes conduct punishable as a felony under that federal law.)
- Nguyen v. INS 533 U.S. 53 (2001) (8 U.S.C. section 1409(a), setting forth citizenship requirements for one born out of wedlock and abroad to a citizen father and a noncitizen mother, does not violate equal protection simply by use of gender specific terms because of the biological difference between the parents.)
- Zadvydas v. Davis 533 U.S. 678 (2001) (Under 8 U.S.C. 1231(a)(6), the government may detain aliens admitted to the United States but subsequently ordered removed beyond the normal 90 day period, but only for a period reasonably necessary to secure the aliens removal.)