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Opinion of the Court
Sess., 29 (1961). Moreover, a number of the courts that considered the interplay between the general habeas provision and INA § 106(a)(10) after the 1961 Act and before the enactment of AEDPA did not read the 1961 Act's specific habeas provision as supplanting jurisdiction under § 2241. Orozco v. INS, 911 F. 2d 539, 541 (CA11 1990); United States ex rel. Marcello v. INS, 634 F. 2d 964, 967 (CA5 1981); Sotelo Mon-dragon v. Ilchert, 653 F. 2d 1254, 1255 (CA9 1980).
In any case, whether § 106(a)(10) served as an independent grant of habeas jurisdiction or simply as an acknowledgment of continued jurisdiction pursuant to § 2241, its repeal cannot be sufficient to eliminate what it did not originally grant— namely, habeas jurisdiction pursuant to 28 U. S. C. § 2241.33
See Ex parte Yerger, 8 Wall., at 105-106 (concluding that the repeal of "an additional grant of jurisdiction" does not "operate as a repeal of jurisdiction theretofore allowed"); Ex parte McCardle, 7 Wall. 506, 515 (1869) (concluding that the repeal of portions of the 1867 statute conferring appellate jurisdiction on the Supreme Court in habeas proceedings did "not affect the jurisdiction which was previously exercised").
The INS also relies on three provisions of IIRIRA, now codified at 8 U. S. C. §§ 1252(a)(1), 1252(a)(2)(C), and
H. R. No. 2478, 85th Cong., 2d Sess., 9 (1958) ("[H]abeas corpus is a far more expeditious judicial remedy than that of declaratory judgment"); 104 Cong. Rec. 17173 (1958) (statement of Rep. Walter) (stating that courts would be "relieved of a great burden" once declaratory actions were eliminated and noting that habeas corpus was an "expeditious" means of review).
33 As the INS acknowledges, the overwhelming majority of Courts of Appeals concluded that district courts retained habeas jurisdiction under § 2241 after AEDPA. See Goncalves v. Reno, 144 F. 3d 110 (CA1 1998); Henderson v. INS, 157 F. 3d 106 (CA2 1998); Sandoval v. Reno, 166 F. 3d 225 (CA3 1999); Bowrin v. INS, 194 F. 3d 483 (CA4 1999); Requena-Rodriguez v. Pasquarell, 190 F. 3d 299 (CA5 1999); Pak v. Reno, 196 F. 3d 666 (CA6 1999); Shah v. Reno, 184 F. 3d 719 (CA8 1999); Magana-Pizano v. INS, 200 F. 3d 603 (CA9 1999); Jurado-Gutierrez v. Greene, 190 F. 3d 1135 (CA10 1999); Mayers v. INS, 175 F. 3d 1289 (CA11 1999). But see LaGuerre v. Reno, 164 F. 3d 1035 (CA7 1998).
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