330
Scalia, J., dissenting
tinct meanings, " ante, at 311, 312, n. 35. Of course § 1252(a)(2)(C) does not even use the term "judicial review" (it says "jurisdiction to review")—but let us make believe it does. The Court's contention that in this statute it does not include habeas corpus is decisively refuted by the language of § 1252(e)(2), enacted along with §§ 1252(a)(2)(C) and 1252(b)(9): "Judicial review of any determination made under section 1225(b)(1) of this title [governing review of expedited removal orders against undocumented aliens arriving at the border] is available in habeas corpus proceedings . . . ." (Emphases added.) It is hard to imagine how Congress could have made it any clearer that, when it used the term "judicial review" in IIRIRA, it included judicial review through habeas corpus. Research into the "historical" usage of the term "judicial review" is thus quite beside the point.
But the Court is demonstrably wrong about that as well. Before IIRIRA was enacted, from 1961 to 1996, the governing immigration statutes unquestionably treated "judicial review" as encompassing review by habeas corpus. As discussed earlier, 8 U. S. C. § 1105a (1994 ed.) made Hobbs Act review "the sole and exclusive procedure for, the judicial review of all final orders of deportation" (emphasis added), but created (in subsection (a)(10)) a limited exception for habeas corpus review. Section 1105a was entitled "Judicial review of orders of deportation and exclusion" (emphasis added), and the exception for habeas corpus stated that "any alien held in custody pursuant to an order of deportation may obtain judicial review thereof by habeas corpus proceedings," § 1105a(a)(10) (emphases added). Apart from this prior statutory usage, many of our own immigration cases belie the Court's suggestion that the term "judicial review," when used in the immigration context, does not include review by habeas corpus. See, e. g., United States v. Mendoza-Lopez, 481 U. S. 828, 836-837 (1987) ("[A]ny alien held in custody pursuant to an order of deportation may ob-
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