346
Scalia, J., dissenting
a State's statutory parole procedures prescribe that a prisoner "shall" be paroled if certain conditions are satisfied, see Board of Pardons v. Allen, 482 U. S. 369, 370-371, 381 (1987); Greenholtz v. Inmates of Neb. Penal and Correctional Complex, 442 U. S. 1, 12 (1979). There is no such statutory entitlement to suspension of deportation, no matter what the facts. Moreover, in neither Woodard, nor Allen, nor Greenholtz did we intimate that the Due Process Clause conferred jurisdiction of its own force, without benefit of statutory authorization. All three cases were brought under 42 U. S. C. § 1983.
Article III, § 1's investment of the "judicial Power of the United States" in the federal courts does not prevent Congress from committing the adjudication of respondent's legal claim wholly to "non-Article III federal adjudicative bodies," Brief for Petitioners in Calcano-Martinez v. INS, O. T. 2000, No. 00-1011, at 38. The notion that Article III requires every Executive determination, on a question of law or of fact, to be subject to judicial review has no support in our jurisprudence. Were it correct, the doctrine of sovereign immunity would not exist, and the APA's general permission of suits challenging administrative action, see 5 U. S. C. § 702, would have been superfluous. Of its own force, Article III does no more than commit to the courts matters that are "the stuff of the traditional actions at common law tried by the courts at Westminster in 1789," Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U. S. 50, 90 (1982) (Rehnquist, J., concurring in judgment)—which (as I have discussed earlier) did not include supervision of discretionary Executive action.
* * *
The Court has created a version of IIRIRA that is not only unrecognizable to its framers (or to anyone who can read) but gives the statutory scheme precisely the opposite of its intended effect, affording criminal aliens more opportu-
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