170
Opinion of the Court
allow ambiguous legislative history to outweigh the Convention's plain text. Id., at 1366.22
The Second Circuit's decision conflicted with the Eleventh Circuit's decision in Haitian Refugee Center v. Baker, 953 F. 2d 1498 (1992), and with the opinion expressed by Judge Edwards in Haitian Refugee Center v. Gracey, 257 U. S. App. D. C. 367, 410-414, 809 F. 2d 794, 837-841 (1987) (opinion concurring in part and dissenting in part). Because of the manifest importance of the issue, we granted certiorari, 506 U. S. 814 (1992).23
III
Both parties argue that the plain language of § 243(h)(1) is dispositive. It reads as follows:
"The Attorney General shall not deport or return any alien (other than an alien described in section 1251(a)(4)(D) of this title) to a country if the Attorney General determines that such alien's life or freedom would be threatened in such country on account of race, religion, nationality, membership in a particular social group, or political opinion." 8 U. S. C. § 1253(h)(1) (1988 ed., Supp. IV).
Respondents emphasize the words "any alien" and "return"; neither term is limited to aliens within the United States. Respondents also contend that the 1980 amendment deleting the words "within the United States" from the prior text of § 243(h), see n. 2, supra, obviously gave the statute an
22 Judge Newman concurred separately, id., at 1368-1369, and Judge Walker dissented, noting that the 1980 amendment eliminating the phrase "within the United States" evidenced only an intent to extend the coverage of § 243(h) to exclusion proceedings because the Court had previously interpreted those words as limiting the section's coverage to deportation proceedings, id., at 1375-1377. See Leng May Ma v. Barber, 357 U. S. 185, 187-189 (1958); see also Plyler v. Doe, 457 U. S. 202, 212-213, n. 12 (1982).
23 On November 30, 1992, we denied respondents' motion to suspend briefing. 506 U. S. 996.
Page: Index Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: October 4, 2007