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JAMA v. IMMIGRATION AND CUSTOMS ENFORCEMENT

No. 03-674.

543 U.S. 335 (2005)

JAMA v. IMMIGRATION AND CUSTOMS ENFORCEMENT

Supreme Court of United States.

Decided January 12, 2005.

Attorney(s) appearing for the Case

Jeffrey J. Keyes argued the cause for petitioner. With him on the briefs was Kevin M. Magnuson.

Malcolm L. Stewart argued the cause for respondent. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, Donald E. Keener, and Greg D. Mack.*

SCALIA, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, and THOMAS, JJ., joined. SOUTER, J., filed a dissenting opinion, in which STEVENS, GINSBURG, and BREYER, JJ., joined, p. 352.

JUSTICE SCALIA delivered the opinion of the Court.

When an alien is found ineligible to remain in the United States, the process for selecting the country to which he will be removed is prescribed by 8 U. S. C. § 1231(b)(2). The question in this case is whether this provision prohibits removing an alien to a country without the explicit, advance consent of that country's government.

I

Petitioner Keyse Jama was born in Somalia and remains a citizen...

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