500
Stevens, J., concurring in judgment
prohibition against collateral attacks effective immediately; 3 the latter makes the new rules inapplicable to aliens in exclusion or deportation proceedings pending before the INS on the effective date of the Act.4 Judicial review of those administrative proceedings remains available in the courts of appeal under the old statutory regime. See 8 U. S. C. § 1105a.
Admittedly, there is a slight ambiguity in the text of § 309 because it refers to the "case of an alien who is in exclusion or deportation proceedings" before the effective date of the new Act. Respondents are such aliens, and therefore the word "case" arguably could be read to include their present collateral attack on the INS proceedings as well as to an eventual challenge to the final order of deportation. Because that reading would be inconsistent with § 306, however, it is clear that Congress intended § 309 to apply only to the INS "exclusion or deportation" proceedings that it expressly mentions.
To summarize, I think a fair reading of all relevant provisions in the statute makes it clear that Congress intended its prohibition of collateral attacks on ongoing INS proceedings
3 Section 306(c)(1) provides: "Effective Date.S
"(1) In general.—Subject to paragraph (2), the amendments made by subsections (a) and (b) shall apply [as provided under section 309, except that] subsection (g) of section 242 of the Immigration and Nationality Act (as added by subsection (a)), shall apply without limitation to claims arising from all past, pending, or future exclusion, deportation, or removal proceedings under such Act." Ibid.
4 Section 309(c)(1) provides: "Transition for Aliens in Proceedings.S fi(1) General rule that new rules do not apply.SSubject to the succeeding provisions of this subsection, in the case of an alien who is in exclusion or deportation proceedings as of the title III-A effective date—
"(A) the amendments made by this subtitle shall not apply, and "(B) the proceedings (including judicial review thereof) shall continue to be conducted without regard to such amendments." Id., at 3009-625.
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