Sale v. Haitian Centers Council, Inc., 509 U.S. 155, 19 (1993)

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Cite as: 509 U. S. 155 (1993)

Opinion of the Court

The reference to the Attorney General in the statutory text is significant not only because that term cannot reasonably be construed to describe either the President or the Coast Guard, but also because it suggests that it applies only to the Attorney General's normal responsibilities under the INA. The most relevant of those responsibilities for our purposes are her conduct of the deportation and exclusion hearings in which requests for asylum or for withholding of deportation under § 243(h) are ordinarily advanced. Since there is no provision in the statute for the conduct of such proceedings outside the United States, and since Part V and other provisions of the INA 29 obviously contemplate that such proceedings would be held in the country, we cannot reasonably construe § 243(h) to limit the Attorney General's actions in geographic areas where she has not been authorized to conduct such proceedings. Part V of the INA contains no reference to a possible extraterritorial application.

Even if Part V of the Act were not limited to strictly domestic procedures, the presumption that Acts of Congress do not ordinarily apply outside our borders would support an interpretation of § 243(h) as applying only within United States territory. See, e. g., EEOC v. Arabian American Oil Co., 499 U. S. 244, 248 (1991) (citing Foley Bros., Inc. v. Filardo, 336 U. S. 281, 285 (1949)); Lujan v. Defenders of Wild-life, 504 U. S. 555, 585-589, and n. 4 (1992) (Stevens, J., concurring in judgment); see also Argentine Republic v. Amerada Hess Shipping Corp., 488 U. S. 428, 440 (1989) ("When it desires to do so, Congress knows how to place the high seas within the jurisdictional reach of a statute"). The Court of Appeals held that the presumption against extraterritoriality had "no relevance in the present context" because there was no risk that § 243(h), which can be enforced only

been bound by § 243(h)(1). Respondents challenge a program of interdiction and repatriation established by the President and enforced by the Coast Guard.

29 See, e. g., § 1158(a), quoted in n. 11, supra.

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