Deboris Calcano-martinez, et al. v. Immigration and Naturalization Service (533 U.S. 348)
U.S. Supreme Court · decided June 25, 2001 · Supreme Court Database (Spaeth)
- Citation
- 533 U.S. 348 · 121 S. Ct. 2268
- Decided
- June 25, 2001
- Term
- October Term 2000
- Vote
- 5–4
- Majority author
- Justice Stevens
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Stevens delivered the opinion of the Court. Deboris Calcano-Martinez, Sergio Madrid, and Fazila Khan are all lawful permanent residents of the United States subject to administratively final orders of removal. They conceded that they are deportable based upon their past criminal convictions, but each filed both a petition for review in the Second Circuit pursuant to 8 U. S. C. § 1252(a)(1) (1994 ed., Supp. V) and a habeas corpus petition in the District Court pursuant to 28 U. S. C. § 2241 in order to challenge the Board of Immigration Appeals’ determination that, as a matter of law, petitioners were ineligible to apply for a discretionary waiver of deportation under former § 212(c) of the Immigration and Nationality Act, 66 Stat. 182, 8 U. S. C. § 1182(c) (1994 ed.). Their petitions for review were consolidated in the Court of Appeals, which subsequently dismissed the petitions for lack of jurisdiction, holding that petitioners could nevertheless pursue their constitutional and statutory claims in a district court habeas action brought pursuant to 28 U. S. C. §2241. 232 F. 3d 328 (CA2 2000). We granted certiorari in this case, 531 U. S. 1108 (2001), and in INS v. St. Cyr, 531 U. S. 1107 (2001), in order to comprehensively consider whether aliens in the petitioners’ position may seek relief in the Court of Appeals (pursuant to 8 U. S. C. § 1252(a)(1)); in the district…
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