INS v. National Center for Immigrants' Rights, Inc., 502 U.S. 183, 2 (1991)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next



Opinion of the Court

instructions issued to Immigration and Naturalization Service (INS) personnel, and the absence of any evidence that INS has ever imposed the condition on any alien authorized to work. Pp. 189-191. (c) The regulation is wholly consistent with the established concern of immigration law to preserve jobs for American workers and thus is squarely within the scope of the Attorney General's statutory authority. United States v. Witkovich, 353 U. S. 194; Carlson v. Landon, 342 U. S. 524, distinguished. Pp. 191-194. (d) The regulation, when properly construed, and when viewed in the context of INS' administrative procedures—an initial informal determination regarding an alien's status, the right to seek discretionary relief from the INS and secure temporary authorization, and the right to seek prompt administrative and judicial review of bond conditions— provides the individualized determinations contemplated in the statute. Pp. 194-196. 913 F. 2d 1350, reversed and remanded.

Stevens, J., delivered the opinion for a unanimous Court.

Stephen J. Marzen argued the cause for petitioners. With him on the briefs were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Shapiro, Barbara L. Herwig, and John F. Daly.

Peter A. Schey argued the cause for respondents. With him on the brief were Michael Rubin and Robert Gibbs.*

Justice Stevens delivered the opinion of the Court. This case presents a narrow question of statutory construction. Section 242(a) of the Immigration and Nationality Act (INA) authorizes the Attorney General to arrest excludable aliens and, pending a determination of their deportability, either to hold them in custody or to release them on bond "containing such conditions as the Attorney General may prescribe." 66 Stat. 208, as amended, 8 U. S. C.

*Briefs of amici curiae urging affirmance were filed for the American Bar Association by John J. Curtin, Jr., and Jonathan L. Abram; for the American Immigration Lawyers Association by Joshua Floum, Maureen Callahan, and Lawrence H. Rudnick; and for the International Human Rights Law Group by Nicholas W. Fels and Steven M. Schneebaum.

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: October 4, 2007