CM v. Noem

CM's detention history likely exceeds the six-month presumptively reasonable period established in Zadvydas, triggering heightened scrutiny of whether removal remains reasonably foreseeable. Because Cuba has historically refused to accept removal of its nationals, CM faces the exact indefinite detention scenario Zadvydas was designed to prevent—where a valid removal order cannot practicably be executed due to the receiving country's non-cooperation. Under Zadvydas, the government must now affirmatively demonstrate either that removal will occur within a reasonable timeframe or justify CM's continued detention on alternative grounds, rather than rely solely on the existence of the final order. The court must determine whether CM is entitled to a bond hearing and, if so, whether the government can meet its burden given the structural impossibility of executing a removal to a country that refuses repatriation.