it's a case about alejandro jennings, held for three years on deportation orders without a hearing. the court will decide if the government can detain immigrants without a bond hearing during deportation proceedings. >> your argument this morning in jennings versus rodriguez. >> mr. chief justice and may it please the court. at the i'm time addressed the real concerns about ra sid vichl and flight risks for removal proceedings for certain categ y categories of criminal aliens. the ninth circuit undid that invoking constitutional avoidance by requiring to government to release the aliens unless the government can prove every six months that detention remains necessary. the decision is a serious misuse. with respect to arriving aliens, there's no constitutional problem to avoid. the ninth circuit recognized the statute is constitutional in the vast majority of applications and any concerns about outlier cases involving lawful permanent residence can be addressed. with respect to criminal aliens, the text of the statute forecloses the ninth circuit's approach and in any event the statut