Supreme Court of the United States
Calcano-Martinez v. Immigration and Naturalization Service
June 25, 2001533 U.S. 348
Summary
The Court held that the jurisdiction-stripping provision in 8 U.S.C. § 1252(a)(2)(C) precludes direct review in the Courts of Appeals for removal orders based on aggravated felonies, but does not strip District Courts of habeas jurisdiction under 28 U.S.C. § 2241. This avoidance of serious constitutional questions regarding access to judicial review. Justices Scalia and O'Connor dissented, arguing jurisdiction should be stripped entirely.