INS v. St. Cyr, 533 U.S. 289, 18 (2001)

Page:   Index   Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

306

INS v. ST. CYR

Opinion of the Court

Kaine, 14 How. 103 (1853); United States v. Jung Ah Lung, 124 U. S. 621, 626-632 (1888).

Until the enactment of the 1952 Immigration and Nationality Act, the sole means by which an alien could test the legality of his or her deportation order was by bringing a habeas corpus action in district court.26 See, e. g., United States v. Jung Ah Lung, 124 U. S. 621 (1888); Heikkila, 345 U. S., at 235; Chin Yow v. United States, 208 U. S. 8 (1908); Ng Fung Ho v. White, 259 U. S. 276, 284 (1922). In such cases, other than the question whether there was some evidence to support the order,27 the courts generally did not review factual determinations made by the Executive. See Ekiu v. United States, 142 U. S. 651, 659 (1892). However, they did review the Executive's legal determinations. See Gegiow v. Uhl, 239 U. S. 3, 9 (1915) ("The statute by enumerating the conditions upon which the allowance to land may be denied, prohibits the denial in other cases. And when the record shows that a commissioner of immigration is exceeding his power, the alien may demand his release upon habeas corpus"); see also Neuman, Jurisdiction and the Rule of Law after the 1996 Immigration Act, 113 Harv. L. Rev. 1963, 1965-1969 (2000).28

In case after case, courts answered questions of law in ha-26 After 1952, judicial review of deportation orders could also be obtained by declaratory judgment actions brought in federal district court. Shaughnessy v. Pedreiro, 349 U. S. 48 (1955). However, in 1961, Congress acted to consolidate review in the courts of appeals. See Foti v. INS, 375 U. S. 217 (1963).

27 See, e. g., United States ex rel. Vajtauer v. Commissioner of Immigration, 273 U. S. 103, 106 (1927) (holding that deportation "on charges unsupported by any evidence is a denial of due process which may be corrected on habeas corpus").

28 "And when the record shows that a commissioner of immigration is exceeding his power, the alien may demand his release upon habeas corpus. The conclusiveness of the decisions of immigration officers under 25 is conclusiveness upon matters of fact. This was implied in Nishimura Ekiu v. United States, 142 U. S. 651, relied on by the Government." Gegiow v. Uhl, 239 U. S. 3, 9 (1915).

Page:   Index   Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: October 4, 2007