Calcano-Martinez v. INS, 533 U.S. 348, 4 (2001)

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Cite as: 533 U. S. 348 (2001)

Opinion of the Court

As petitioners in this case were convicted of "aggravated felonies" within the meaning of the relevant statutes,3 the plain language of § 1252(a)(2)(C) fairly explicitly strips the courts of appeals of jurisdiction to hear their claims on petitions for direct review. Without much discussion, the Court of Appeals so held. 232 F. 3d, at 342-343.

Before this Court, petitioners primarily argue that constitutional considerations and background principles of statutory interpretation require that they be afforded some forum for the adjudication of the merits of their claims. They devote the bulk of their briefs to arguing that the Court of Appeals—motivated by these concerns—properly interpreted IIRIRA's jurisdiction-stripping provision not to preclude aliens such as petitioners from pursuing habeas relief pursuant to 28 U. S. C. § 2241. Brief for Petitioners 12-42, 44-49. In the alternative, they argue that we might construe the same provisions as stripping jurisdiction from the courts of appeals over only some matters, leaving in place their jurisdiction to directly review petitions raising claims previously cognizable under § 2241. Id., at 42-44.

We agree with petitioners that leaving aliens without a forum for adjudicating claims such as those raised in this case would raise serious constitutional questions. We also agree with petitioners—and the Court of Appeals—that these concerns can best be alleviated by construing the jurisdiction-stripping provisions of that statute not to preclude aliens such as petitioners from pursuing habeas relief pursuant to § 2241. See St. Cyr, ante, at 314.

Finding no support in the text or history of § 1252 for concluding that the courts of appeals retain jurisdiction to hear petitions such as those brought in this case, but concluding

3 All three petitioners were convicted of controlled substance offenses for which they served between four months and four years in prison. Each concedes that his or her crime is an "aggravated felony" as defined in 8 U. S. C. § 1101(a)(43), which renders him or her removable pursuant to § 1227(a)(2)(A)(iii).

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