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AEDPA and IIRIRA did not divest district courts of their jurisdiction under the general habeas corpus statute.
Aliens who pleaded guilty to criminal charges that rendered them deportable prior to the effective date of AEDPA and IIRIRA remain eligible for discretionary relief from deportation.
Immigration and Naturalization Service v. St. Cyr, 533 U.S. 289 (2001), is a United StatesSupreme Court case involving habeas corpus and INA § 212(c) relief (repealed 1997) for deportable aliens.
The Supreme Court answered two questions. The first one was procedural. Do the AEDPA and IIRIRA strip federal district courts of habeas corpus jurisdiction over deportable aliens as previously granted under 28 U.S.C.§ 2241? The substantive question was whether the federal laws deny relief under INA § 212(c) to LPRs who would have been eligible for such relief at the time of their convictions?
Decision
In a 5-4 opinion, Justice John Paul Stevens wrote for the majority stating that Congress did not intend to strip the federal district courts of their authority to hear habeas petitions from deportable aliens, and that the AEDPA and IIRIRA did not deny relief under INA § 212(c) to LPRs who would have been eligible for such relief at the time of their convictions.[6] Stevens reasoned that the Supreme Court should interpret statutes as avoiding constitutional issues, such as abridging the right to habeas corpus. He also argued that there is a presumption that administrative proceedings can be appealed to Article III federal courts.
Dissent
Justice Antonin Scalia dissented, arguing that the plain language of the AEDPA and IIRIRA stripped the federal district courts of jurisdiction to entertain habeas corpus petitions. He also argued that the majority was forcing Congress to use "magic words" to overcome the presumption of habeas corpus relief.
^8 U.S.C.§ 1229a(e)(2) ("The term 'removable' means—(A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 1182 of this title, or (B) in the case of an alien admitted to the United States, that the alien is deportable under section 1227 of this title."); see also Tima v. Attorney General of the U.S., 903 F.3d272, 277 (3d Cir. 2018); Galindo v. Sessions, 897 F.3d 894, 897 (7th Cir. 2018).