To put a point on it, actually, the alien can benefit from his or her own country refusing to accept them back because the Supreme Court has said in Zadvydas, you cannot detain these people more than 6 months.
Cornyn explains how the Supreme Court ruling affects detention of immigrants from non-cooperative countries.
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His nomination is still pending in front of the Senate Judiciary Committee, so we'll be dealing with that soon, I imagine.
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