|INS V. ST. CYR (00-767) 533 U.S. 289 (2001)
229 F.3d 406, affirmed.
[ Stevens ]
[ O'Connor ]
[ Scalia ]
IMMIGRATION AND NATURALIZATION SERVICE,
PETITIONER v. ENRICO ST. CYR
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT
[June 25, 2001]
Justice OConnor, dissenting.
I join Parts I and III of Justice Scalias dissenting opinion in this case. I do not join Part II because I believe that, assuming, arguendo, that the Suspension Clause guarantees some minimum extent of habeas review, the right asserted by the alien in this case falls outside the scope of that review for the reasons explained by Justice Scalia in Part IIB of his dissenting opinion. The question whether the Suspension Clause assures habeas jurisdiction in this particular case properly is resolved on this ground alone, and there is no need to say more.