Cite as: 509 U. S. 43 (1993)
Stevens, J., dissenting
point respondents have made only the most general suggestions of "misconduct."
Justice Stevens, with whom Justice White and Justice Blackmun join, dissenting.
After Congress authorized a major amnesty program in 1986, the Government promulgated two regulations severely restricting access to that program. If valid, each regulation would have rendered ineligible for amnesty the members of the respective classes of respondents in this case. The Government, of course, no longer defends either regulation. See ante, at 48, 52. Nevertheless, one of the regulations was in effect for all but 12 days of the period in which applications for legalization were accepted; the other, for over half of that period. See ante, at 48, 50-51. Accordingly, after holding the regulations invalid, the District Courts entered orders extending the time for filing applications for certain class members. See ante, at 48-49, 52.
On appeal, the Government argued that the District Courts lacked jurisdiction both to entertain the actions and to provide remedies in the form of extended application periods. The Court of Appeals rejected the first argument on the authority of our decision in McNary v. Haitian Refugee Center, Inc., 498 U. S. 479 (1991). Catholic Social Services, Inc. v. Thornburgh, 956 F. 2d 914, 919-921 (CA9 1992). As the Court holds today, ante, at 53-56, that ruling was plainly correct. The Court of Appeals also correctly rejected the second argument advanced by the Government, noting that extension of the filing deadline effectuated Congress' intent to provide "meaningful opportunities to apply for adjustments of status," which would otherwise have been frustrated by enforcement of the invalid regulations. 956 F. 2d, at 921-922. We should, accordingly, affirm the judgment of the Court of Appeals.
This Court, however, finds a basis for prolonging the litigation on a theory that was not argued in either the District
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