Supreme Court of the United States
Calcano-Martinez v. Immigration and Naturalization Service
June 25, 2001533 U.S. 348
Summary
The Supreme Court held that the appellate‑court jurisdiction‑stripping provision of 8 U.S.C. §1252(a)(2)(C) bars courts of appeals from reviewing direct‑review petitions by aliens removable because of aggravated felonies, and that such aliens must seek relief in district courts under 28 U.S.C. §2241. The Court based its decision on the plain meaning of the statute and the absence of clear congressional intent to preclude district‑court habeas jurisdiction. Justice Scalia and Justice O’Connor dissented, arguing that the Court should vacate the lower court’s judgment and remand for dismissal.