Demore v. Kim, 538 U.S. 510, 26 (2003)

Page:   Index   Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Cite as: 538 U. S. 510 (2003)

Opinion of O'Connor, J.

migration context, 'judicial review' and 'habeas corpus' have historically distinct meanings. See Heikkila v. Barber, 345 U. S. 229 (1953). In Heikkila, the Court concluded that the finality provisions at issue 'preclud[ed] judicial review' to the maximum extent possible under the Constitution, and thus concluded that the [Administrative Procedure Act] was inapplicable. Id., at 235. Nevertheless, the Court reaffirmed the right to habeas 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 311-312.

In this case, however, § 1226(e) does not mention any limitations on "judicial review." To be sure, the first sentence of § 1226(e) precludes "review" of the Attorney General's "discretionary judgment[s]" to detain aliens under § 1226(c). But the second sentence is not so limited, and states unequivocally that "[n]o court may set aside any action or decision" to detain an alien under § 1226(c). It cannot seriously be maintained that the second sentence employs a term of art such that "no court" does not really mean "no court," or that a decision of the Attorney General may not be "set aside" in actions filed under the Immigration and Naturalization Act but may be set aside on habeas review.

Congress' use of the term "Judicial review" as the title of § 1226(e) does not compel a different conclusion. As the Court stated in St. Cyr, "a title alone is not controlling," id., at 308, because the title of a statute has no power to give what the text of the statute takes away. Where as here the statutory text is clear, " 'the title of a statute . . . cannot limit the plain meaning of the text.' " Pennsylvania Dept. of Corrections v. Yeskey, 524 U. S. 206, 212 (1998) (quoting Trainmen v. Baltimore & Ohio R. Co., 331 U. S. 519, 528- 529 (1947)).

535

Page:   Index   Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: October 4, 2007