Scalia, J., dissenting

SUPREME COURT OF THE UNITED STATES

No. 00—1011

DEBORIS CALCANO-MARTINEZ, et al.,
PETITIONERS v. IMMIGRATION AND
NATURALIZATION SERVICE

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

[June 25, 2001]

Justice Scalia, with whom The Chief Justice and Justice Thomas join, dissenting.

For the reasons stated in my dissenting opinion in the companion case of INS v. St. Cyr, ante, at __, I would vacate the judgment of the court below and remand with instructions to dismiss for want of jurisdiction, with prejudice to petitioners Calcano-Martinez’s and Madrid’s refiling in the District Court.