INS v. St. Cyr, 533 U.S. 289, 4 (2001)

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Opinion of the Court

which Rehnquist, C. J., and Thomas, J., joined, and in which O'Connor, J., joined as to Parts I and III, post, p. 326.

Deputy Solicitor General Kneedler argued the cause for petitioner. With him on the briefs were Acting Solicitor General Underwood, Acting Assistant Attorney General Schiffer, Paul R. Q. Wolfson, Stephen C. Robinson, Donald E. Keener, Alison R. Drucker, Ernesto H. Molina, and James K. Filan, Jr.

Lucas Guttentag argued the cause for respondent. With him on the brief were Lee Gelernt, Judy Rabinovitz, Steven R. Shapiro, Jayashri Srikantiah, Michael G. Moore, and Paul A. Engelmayer.*

Justice Stevens delivered the opinion of the Court.

Both the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), enacted on April 24, 1996, 110 Stat. 1214, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), enacted on September 30, 1996, 110 Stat. 3009-546, contain comprehensive amendments to the Immigration and Nationality Act (INA), 66 Stat. 163, as amended, 8 U. S. C. 1101 et seq. This case raises two important questions about the impact of those amendments. The first question is a procedural one, concerning the effect of those amendments on the availability of habeas corpus jurisdiction under 28 U. S. C. 2241. The second question is a substantive one, concerning the impact of the amendments on conduct that occurred before

*Daniel J. Popeo and R. Shawn Gunnarson filed a brief for the Washington Legal Foundation as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the Florida Immigrant Advocacy Center et al. by Rebecca Sharpless; and for the National Association of Criminal Defense Lawyers et al. by Manuel D. Vargas and Joshua L. Dratel.

James Oldham, Michael J. Wishnie, and Douglas W. Baruch filed a brief for Legal Historians as amici curiae.

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