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CALCANO-MARTINEZ v. INS

No. 00-1011.

533 U.S. 348 (2001)

CALCANO-MARTINEZ et al. v. IMMIGRATION AND NATURALIZATION SERVICE

United States Supreme Court.

Decided June 25, 2001.

Attorney(s) appearing for the Case

Lucas Guttentag argued the cause for petitioners. With him on the briefs were Lee Gelernt, Steven R. Shapiro, Jayashri Srikantiah, Kerry W. Bretz, Jules E. Coven, Alan Michael Strauss, and Paul A. Engelmayer.

Deputy Solicitor General Kneedler argued the cause for respondent. With him on the brief were Acting Solicitor General Underwood, Acting Assistant Attorney General Schiffer, Paul R. Q. Wolfson, Donald E. Keener, William J. Howard, Ernesto H. Molina, and James A. O'Brien III.*

Stevens, J., delivered the opinion of the Court, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. O'Connor, J., filed a dissenting opinion, p. 352. Scalia, J., filed a dissenting opinion, in which Rehnquist, C. J., and Thomas, J., joined, p. 352.

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...

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