472
Opinion of the Court
Respondents' challenge to the Attorney General's decision to "commence proceedings" against them falls squarely within § 1252(g), and § 1252 does not otherwise provide jurisdiction. Pp. 476-487.
(b) The doctrine of constitutional doubt does not require that § 1252(g) be interpreted in such fashion as to permit immediate review of respondents' selective-enforcement claims. An alien unlawfully in this country has no constitutional right to assert such a claim as a defense against his deportation. Pp. 487-492.
119 F. 3d 1367, vacated and remanded.
Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined, and in which Ginsburg and Breyer, JJ., joined as to Parts I and II. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment, in which Breyer, J., joined as to Part I, post, p. 492. Stevens, J., filed an opinion concurring in the judgment, post, p. 498. Souter, J., filed a dissenting opinion, post, p. 501.
Malcolm L. Stewart argued the cause for petitioners. With him on the briefs were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, and Douglas N. Letter.
David D. Cole argued the cause for respondents. With him on the brief were Steven R. Shapiro, Lucas Guttentag, Marc Van Der Hout, and Paul L. Hoffman.*
Justice Scalia delivered the opinion of the Court.† Respondents sued petitioners for allegedly targeting them for deportation because of their affiliation with a politically unpopular group. While their suit was pending, Congress
*Briefs of amici curiae urging reversal were filed for the Criminal Justice Legal Foundation by Kent S. Scheidegger; and for the Washington Legal Foundation et al. by Daniel J. Popeo and Richard A. Samp.
Briefs of amici curiae urging affirmance were filed for the American Bar Association by Philip S. Anderson, Jeffrey L. Bleich, and Carol Wolchok; for the American Immigration Law Foundation et al. by Ira J. Kurzban and Nadine K. Wettstein; for the Brennan Center for Justice at New York University School of Law by Burt Neuborne; and for the National Immigration Law Center by Linton Joaquin and Gerald L. Neuman.
†Justice Breyer joins Parts I and II of this opinion.
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007