Calcano-Martinez v. INS, 533 U.S. 348, 5 (2001)

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352

CALCANO-MARTINEZ v. INS

Scalia, J., dissenting

that Congress has not spoken with sufficient clarity to strip the district courts of jurisdiction to hear habeas petitions raising identical claims, we affirm the judgment of the Court of Appeals in all particulars.

It is so ordered.

Justice O'Connor, dissenting.

For the reasons stated in my dissenting opinion in the companion case of INS v. St. Cyr, ante, p. 326, I agree with Justice Scalia's proposed disposition of the instant case.

Justice Scalia, with whom The Chief Justice and Justice Thomas join, dissenting.

For the reasons stated in my dissenting opinion in the companion case of INS v. St. Cyr, ante, p. 326, I would vacate the judgment of the court below and remand with instructions to dismiss for want of jurisdiction, with prejudice to petitioners Calcano-Martinez's and Madrid's refiling in the District Court.

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