480
Opinion of the Court
in the alternative, of course, that if the Attorney General is right and § 1105a does apply, AADC I is correct that their claims will be effectively unreviewable upon entry of a final order. For this reason, and because they say that habeas review, if still available after IIRIRA,7 will come too late to remedy this First Amendment injury, respondents contend that we must construe § 1252(g) not to bar constitutional claims.)
The Ninth Circuit, for its part, accepted the parties' broad reading of § 1252(g) and concluded, reasonably enough, that on that reading Congress could not have meant § 1252(g) to stand alone:
"Divorced from all other jurisdictional provisions of IIRIRA, subsection (g) would have a more sweeping impact on cases filed before the statute's enactment than after that date. Without incorporating any exceptions, the provision appears to cut off federal jurisdiction over all deportation decisions. We do not think that Congress intended such an absurd result." 119 F. 3d, at 1372.
It recognized, however, the existence of the other horn of the dilemma ("that retroactive application of the entire amended version of 8 U. S. C. § 1252 would threaten to render meaningless section 306(c) of IIRIRA," ibid.), and resolved the difficulty to its satisfaction by concluding that "at least some of the other provisions of section 1252" must be included in
7 There is disagreement on this point in the Courts of Appeals. Compare Hose v. INS, 141 F. 3d 932, 935 (CA9) (habeas not available), withdrawn and reh'g en banc granted, 161 F. 3d 1225 (1998), Richardson v. Reno, 162 F. 3d 1338 (CA11 1998) (same), and Yang v. INS, 109 F. 3d 1185, 1195 (CA7 1997) (same), with Goncalves v. Reno, 144 F. 3d 110, 122 (CA1 1998) (habeas available), and Henderson v. INS, 157 F. 3d 106, 117-122 (CA2 1998) (same). See also Magana-Pizano v. INS, 152 F. 3d 1213, 1220 (CA9 1998) (elimination of habeas unconstitutional); Ramallo v. Reno, 114 F. 3d 1210, 1214 (CADC 1997) (§ 1252(g) removes statutory habeas but leaves "constitutional" habeas intact).
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