The case was brought about by Mexican citizen and lawful U.S. permanent resident Alex Rodriguez.

1226, which states that under a warrant by the Attorney General immigrants may be arrested and detained while their case status is decided.

Rodriguez challenged this justification in 2007 through habeas corpus, claiming immigrants had the right to a bond hearing without "prolonged" detention according to 8 U.S.C.

The United States Court of Appeals for the Ninth Circuit affirmed his entry deciding detained immigrants had the right to a periodic hearing if one had not already been held after 6 months.

[1] Justice Samuel Alito wrote for the majority and concluded that no provision of 8 U.S.C.