INS v. St. Cyr, 533 U.S. 289, 24 (2001)

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312

INS v. ST. CYR

Opinion of the Court

corpus. Ibid. Noting that the limited role played by the courts in habeas corpus proceedings was far narrower than the judicial review authorized by the APA, the Court concluded that "it is the scope of inquiry on habeas corpus that differentiates" habeas review from "judicial review." Id., at 236; see also, e. g., Terlinden v. Ames, 184 U. S. 270, 278 (1902) (noting that under the extradition statute then in effect there was "no right of review to be exercised by any court or judicial officer," but that limited review on habeas was nevertheless available); Ekiu, 142 U. S., at 663 (observing that while a decision to exclude an alien was subject to inquiry on habeas, it could not be "impeached or reviewed"). Both §§ 1252(a)(1) and (a)(2)(C) speak of "judicial review"— that is, full, nonhabeas review. Neither explicitly mentions habeas,35 or 28 U. S. C. § 2241.36 Accordingly, neither pro-35 Contrary to the dissent, see post, at 330 (opinion of Scalia, J.), we do not think, given the longstanding distinction between "judicial review" and "habeas," that § 1252(e)(2)'s mention of habeas in the subsection governing "[j]udicial review of orders under section 1225(b)(1)" is sufficient to establish that Congress intended to abrogate the historical distinction between two terms of art in the immigration context when enacting IIRIRA.

"[W]here Congress borrows terms of art in which are accumulated the legal tradition and meaning of centuries of practice, it presumably knows and adopts the cluster of ideas that were attached to each borrowed word in the body of learning from which it was taken and the meaning its use will convey to the judicial mind unless otherwise instructed. In such case, absence of contrary direction may be taken as satisfaction with widely accepted definitions, not as a departure from them." Morissette v. United States, 342 U. S. 246, 263 (1952).

At most, § 1252(e)(2) introduces additional statutory ambiguity, but ambiguity does not help the INS in this case. As we noted above, only the clearest statement of congressional intent will support the INS' position. See supra, at 305.

36 It is worth noting that in enacting the provisions of AEDPA and IIRIRA that restricted or altered judicial review, Congress did refer specifically to several different sources of jurisdiction. See, e. g., § 381, 110 Stat. 3009-650 (adding to grant of jurisdiction under 8 U. S. C. § 1329 (1994 ed., Supp. V) a provision barring jurisdiction under that provision

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