The U.S. Supreme Court case Charles Demore, District Director, San Francisco District of Immigration and Naturalization Service, et al. v. Hyung Joon Kim (2002) revolved around the issue of mandatory detention for certain deportable aliens under 8 U.S.C §1226(c). The respondent, Hyung Joon Kim - a lawful permanent resident in the United States but convicted on charges that made him removable from the country - challenged his detention without bail during removal proceedings as unconstitutional. However, the Supreme Court ruled in favor of DeMore by a 5-4 vote stating that such detentions are constitutionally permissible to prevent flight risk and danger to community while deportation proceedings are ongoing. This ruling upheld Congress's authority to make rules concerning immigration policy including mandatory detentions during removal procedures.

In the dissenting opinion of the case Charles Demore, District Director, San Francisco District of Immigration and Naturalization Service, et al. v. Hyung Joon Kim (2002), Justice Souter argued that mandatory detention without bail for deportable aliens with criminal records was unconstitutional. He contended that it violated due process rights because it did not provide a chance to demonstrate that they were neither flight risks nor dangers to society before being detained. The majority's reliance on Congress' judgment about detainee riskiness was deemed insufficient by him as he believed individualized determinations should be made in each case rather than blanket assumptions based on past crimes committed by other individuals who are similarly situated. Furthermore, he criticized the government’s argument regarding administrative convenience and efficiency as an inadequate reason for denying basic constitutional protections.