reno catholic soc argued january decided june alien legalization program created title ii immigration reform control act alien unlawfully present sought permission reside permanently apply first temporary resident status establishing inter alia resided continuously country unlawful status physically present continuously specified periods immigration naturalization service ins issued regulations construing particular aspects respectively continuous physical presence continuous unlawful residence requirements two separate class actions brought challenging one regulations behalf aliens render ineligible legalization instance district struck challenged regulation inconsistent reform act issued remedial order directing ins accept legalization applications beyond statutory deadline appeals among rulings consolidated ins appeals remedial orders rejected ins argument reform act restrictive judicial review provisions barred district jurisdiction case affirmed district courts judgments held record insufficient allow decide issues necessary determine whether district courts jurisdiction pp reform act exclusive review scheme applies determination respecting application adjustment status specifies denial adjustment may judicially scrutinized review order deportation courts appeals preclude district jurisdiction action challenging legality ins regulation refer rely denial individual application statutory language delimiting jurisdictional bar refers review individual denial mcnary haitian refugee center pp however promulgation challenged regulations affect plaintiff class members concretely enough render claim ripe judicial review required abbott laboratories gardner regulations impose penalties violating newly imposed restriction limit access benefit created reform act automatically bestowed eligible aliens rather act requires alien desiring benefit take affirmative steps satisfy criteria beyond addressed disputed regulations delegates ins task determining basis whether applicant met act conditions merely interpreted regulations question circumstances class member claim ripen took affirmative steps take ins blocked path applying regulation ordinarily barrier appear ins formally denied alien application ground regulation rendered ineligible legalization plaintiff sought rely denial satisfy ripeness requirement still find least temporarily barred reform act exclusive review provisions since seeking judicial review determination respecting application pp nevertheless ins policy directs employees reject applications legalization office front desk applicant statutorily ineligible adjustment status may well left plaintiffs ripe claims outside scope class member whose application rejected one regulations issue rendered ineligible legalization felt regulation effects particularly concrete manner application blocked challenge regulation fail lack ripeness also untoward consequence jurisdictional purposes effectively excluding applicant access even reform act limited administrative judicial review procedures since formal denial appeal administratively opportunity build administrative record judicial review might based absent clear convincing evidence congressional intent preclude judicial review entirely must presumed applicants may obtain district review regulations circumstances see mcnary supra however also evidence particular class members actually subjected jurisdictional issue resolved records cases presented class members ripe claims district courts exercise jurisdiction cases must remanded new jurisdictional determinations appropriate remedial orders pp souter delivered opinion rehnquist scalia kennedy thomas joined filed opinion concurring judgment post stevens filed dissenting opinion white blackmun joined post ronald mann argued cause briefs solicitor general starr assistant attorney general gerson deputy solicitor general mahoney michael jay singer ralph santiago abascal argued cause respondents brief stephen rosenbaum peter schey carlos holguin briefs amici curiae urging affirmance filed city chicago et al lawrence rosenthal john payton peter sherwood leonard koerner stephen mcgrath american bar association michael mcwilliams ira kurzban robert williams carol wolchok american civil liberties union et al lucas guttentag steven shapiro john powell carolyn blum church world service et al steven mayer justice souter delivered opinion petition joins two separate suits challenging different regulation issued immigration naturalization service administering alien legalization program created title ii immigration reform control act instance district struck regulation challenged issued remedial order directing ins accept legalization applications beyond statutory deadline appeals consolidated ins appeals orders affirmed district courts judgments asked consider whether district courts jurisdiction hear challenges whether remedial orders permitted law find record insufficient decide jurisdictional issues accordingly vacate remand new jurisdictional determinations appropriate remedial orders limited accordance views expressed november president signed immigration reform control act stat title ii established scheme certain aliens unlawfully present apply first status temporary resident wait permission reside permanently applicant temporary resident status must resided continuously unlawful status since least january must physically present continuously since november date reform act enacted must otherwise admissible immigrant applicant must also applied period beginning may two separate suits joined us challenge regulations addressing respectively first two four requirements first reno catholic social services css et focuses ins interpretation reform act requirement applicants temporary residence prove continuous physical presence since november mitigate requirement reform act provides brief casual innocent absences break required continuity telex sent regional offices november however ins treated exception narrowly stating consider absence brief casual innocent alien obtained ins permission known advance parole leaving aliens left without ineligible legalization app ins later softened limitation somewhat regulations issued may forgiving failure get advance parole absences november may later regulation confirmed absences without advance parole may considered brief casual innocent therefore taken broken required continuity see cfr brief casual innocent means departure authorized ins advance parole subsequent may thirty days legitimate emergency humanitarian purposes css plaintiffs challenged advance parole regulation impermissible construction reform act certifying case class action district eventually defined class comprising persons prima facie eligible legalization departed reentered without ins authorization advance parole enactment reform act following assert brief casual innocent absence civ lkk ed may app april days end legalization program application period district granted partial summary judgment invalidating regulation declaring brief casual innocent absences require prior ins approval civ lkk ed apr record doc see catholic social services meese ed cal explaining basis april order appeal taken ins initials refer immigration naturalization service attorney general collectively briefing remedial issues district issued order june requiring ins extend application period november class members knew ins unlawful regulation thereby concluded ineligible legalization reason conclusion file application civ lkk ed june app pet cert two remedial orders issued august provided respectively alternative remedy extension application period invalidated appeal specific relief class members detained apprehended ins deportation proceedings civ lkk ed cal record doc nos ins appealed three remedial orders second two lawsuits styled ins league latin american citizens lulac et goes ins interpretation reform act continuous unlawful residence requirement act provides certain brief trips abroad break alien continuous unlawful residence certain brief absences violate continuous physical presence requirement see ins regulation however alien fail continuous unlawful residence requirement gone abroad reentered presenting facially valid documentation immigration authorities cfr ins reasoning alien use documentation made subsequent presence lawful purposes thereby breaking continuity unlawful residence thus alien originally entered valid nonimmigrant visa become unlawful resident violating terms visa way known government january eligible relief reform act however alien left briefly used visa get back facially valid visa fact become invalid earlier violation terms rendered ineligible july lulac plaintiffs brought suit challenging reentry regulation inconsistent act equal protection limitation derived fifth amendment due process suit still pending november seven months reform act application period ins modified reentry policy issuing two new regulations first codified cfr specifically acknowledged eligibility alien reentered nonimmigrant order return unrelinquished unlawful residence long otherwise eligible legalization present unlawful status prior january second codified cfr qualified expansion eligibility obliging alien obtain waiver statutory provision requiring exclusion aliens enter fraud ibid although lulac plaintiffs amended complaint pressed claim cfr reentry regulation originally challenged invalid prior modification claim district certified case class action class including persons qualify legalization deemed ineligible legalization original reentry policy learned ineligibility following promulgation policy relying upon information ineligible apply legalization may deadline jrx cd july app appeals css lulac ins raised two challenges orders respective district courts first argued restrictive judicial review provisions reform act barred district jurisdiction claim case contended second district erred ordering extension application period limit maintained substantive statutory restriction relief beyond power alter ninth circuit eventually consolidated two appeals holding pending disposition mcnary haitian refugee center rendered decision february affirming district courts catholic social services thornburgh prompted grant certiorari importance issues conflict circuits jurisdictional issue see ayuda thornburgh app holding reform act precluded district jurisdiction claim ins regulations inconsistent act cert pending vacate remand ii reform act sets qualifications obtaining temporary resident status provides exclusive scheme administrative judicial review determination respecting application adjustment status title ii legalization program section directs attorney general establish appellate authority provide single level administrative appellate review determinations section provides denial adjustment status subject review judicial review order deportation review takes place courts appeals section closes circle explicitly rendering scheme exclusive shall administrative judicial review determination respecting application adjustment status section except accordance subsection scheme alien denied adjustment status ins first instance may appeal associate commissioner examinations appellate authority designated attorney general pursuant see cfr xxvii although associate commissioner decision final agency action application adverse decision trigger deportation proceedings contrary reform act generally allows ins use information legalization application make determination application see alien whose appeal rejected associate commissioner stands except latent right judicial review rejection position applied residing unlawful status government found yet call right judicial review latent allows judicial review denial adjustment status appeal order deportation hence alien must first either surrender ins deportation wait ins catch commence deportation proceeding suffer final adverse decision proceeding opportunity challenge ins denial application ins takes provisions preclude district courts exercising jurisdiction claims css lulac cases reasoning regulations adopted elaborate qualifications temporary resident status determination respecting application adjustment status within meaning claims css lulac attack validity regulations subject limitations contained foreclosing jurisdiction district courts granting courts appeals review deportation order ins recognizes however reasoning line decision mcnary haitian refugee center supra construed virtually identical set provisions governing judicial review within separate legalization program agricultural workers created title iii reform act critical language determination respecting application adjustment status said reference determination describes single act rather group decisions practice procedure employed making decisions noted provision permitting judicial review context deportation proceeding also defined scope reference single act judicial review denial ibid emphasis original quoting see using identical language therefore decided language setting limits jurisdictional bar describes denial individual application thus applies review denials individual applications ins gives us reason reverse course reject argument precludes district jurisdiction action challenging legality regulation without referring relying denial individual application section however jurisdictional hurdle way css lulac plaintiffs whose claims still must satisfy jurisdictional justiciability requirements apply absence specific congressional directive sure statutory source jurisdiction lacking since generally granting federal question jurisdiction confer jurisdiction federal courts review agency action califano sanders neither fatal reform act silent type judicial review plaintiffs seek customarily refuse treat silence denial authority aggrieved person seek appropriate relief federal courts stark wickard custom reinforced enactment administrative procedure act embodies basic presumption judicial review one suffering legal wrong agency action adversely affected aggrieved agency action within meaning relevant statute abbott laboratories gardner quoting said abbott laboratories however presumption available judicial review subject implicit limitation injunctive declaratory judgment remedies respondents seek discretionary courts traditionally reluctant apply administrative determinations unless arise context controversy ripe judicial resolution say unless effects administrative action challenged felt concrete way challenging parties cases promulgation regulation affect parties concretely enough satisfy requirement abbott laboratories example well gardner toilet goods promulgation challenged regulations presented plaintiffs immediate dilemma choose complying newly imposed disadvantageous restrictions risking serious penalties violation abbott laboratories supra gardner supra every case toilet goods gardner example held challenge another regulation impact said felt immediately subject conducting affairs ripe regulation application plaintiffs acute fashion since irremediabl adverse consequences flow ed requiring later challenge ibid see lujan national wildlife federation controversy concerning regulation ordinarily ripe review administrative procedure act regulation applied claimant situation concrete action regulations challenged fall latter side line impose penalties violating newly imposed restriction limit access benefit created reform act automatically bestowed eligible aliens rather act requires alien desiring benefit take affirmative steps satisfy criteria beyond addressed disputed regulations delegates ins task determining basis whether applicant met act conditions merely interpreted regulations question circumstances promulgation challenged regulations give css lulac class member ripe claim class member claim ripen took affirmative steps take ins blocked path applying regulation ordinarily course barrier appear ins formally denied alien application ground regulation rendered ineligible legalization plaintiff sought rely denial application satisfy ripeness requirement however still find least temporarily barred reform act exclusive review provisions since seeking judicial review determination respecting application ripeness doctrine reform act jurisdictional provisions thus dovetail neatly necessarily mere coincidence congress may well assumed ordinary case courts hear challenge regulations specifying limits eligibility regulations actually applied individual whose challenge denial individual application proceed within reform act limited scheme css lulac plaintiffs argue limited scheme afford inadequate review determination based regulations challenge presumably able obtain review appeal deportation order become subject order situation thus different unsuccessful individual saw applicants mcnary whose procedural objections concluded receive practical judicial review within scheme established end matter however plaintiffs called attention ins policy may well placed outside scope ins issued manual detailing procedures offices follow implementing reform act legalization programs instructing ins employees called legalization assistants review certain applications presence applicants accepting filing see procedures manual legalization special agricultural worker programs immigration reform control act legalization manual manual according manual inor correctable deficiencies incomplete responses typographical errors may corrected legalization assistant applicant statutorily ineligible however manual provides application rejected legalization assistant ibid emphasis added prefiling rejection applications occurs front desk ins office come called regulations challenged css lulac force legalization assistants applied regulations manual instructions may well applications class members disclosed circumstances trips outside affidavits file lulac case represent exactly see infra respondents argue see brief respondents class member whose application felt effects advance parole facially valid document regulation particularly concrete manner application legalization blocked challenge regulation fail lack ripeness also untoward consequence jurisdictional purposes effectively exclude applicant access even limited administrative judicial review procedures established reform act formal denial appeal associate commissioner examinations opportunity build administrative record judicial review might based hence construe bar district jurisdiction challenge impute congress intent preclude judicial review legality ins action entirely circumstances stated recently mcnary however presumption favoring interpretations statutes allow judicial review administrative action mcnary accordingly find intent preclude review presented clear convincing evidence abbott laboratories quoting rusk cort see generally bowen michigan academy family physicians discussing presumption favor judicial review clear convincing evidence statute us although phrase determination respecting application adjustment status conceivably encompass legalization assistant refusal accept application filing front desk legalization office nothing statute suggests let alone demonstrates congress using determination extended informal sense indeed least one related statutory provision suggests opposite section limits administrative appellate review administrative record established time determination application obviously administrative record case application term determination best read exclude thus avoided interpretation mcnary amounted practical equivalent total denial judicial review generic constitutional statutory claims mcnary supra avoid interpretation bar applicants ever obtaining judicial review regulations rendered ineligible legalization unfortunately however neither css record lulac record contains evidence particular class members actually subjected none named individual plaintiffs either case alleges number affidavits lulac record contain testimony immigration attorneys employees interested organizations ins refused rejected den ied individuals right file applications testimony limited general assertions none affiants refers specific incident identify instance lack evidence precludes us resolving jurisdictional issue facts us particular class member sufficient make legal claims ripe necessary case presented us seems reliable way determining whether particular class member applied assume applied manner subjected october ins certified qualified designated entities aided class members preparing applications see supra prior history application behavior basis predict applied without qualified designated entity assistance therefore hence say mere existence policy involved concrete application invalid regulations class members actually class members ripe claims district courts exercise jurisdiction must vacate judgment appeals remand directions remand respective district courts proceedings determine class members judgment appeals vacated case remanded proceedings consistent opinion ordered footnotes reform act requires period begi date later days november designated attorney general attorney general set period begin may latest date reform act authorized designate see cfr separate provision act requires alien time first months period subject order show cause deported make application later end period beginning either first day period date issuance order whichever day later see providing relief certain aliens apprehended beginning application period css lawsuit originally challenged various aspects ins administration legalization program created title ii reform act special agricultural workers saw legalization program created part title iii reform act codified challenge saw program eventually took procedural course resolved district order neither party appealed civ lkk ed app record doc respect title ii challenge district originally certified broad class comprising persons believed government deportable aliens establish prima facie claim adjustment status temporary resident civ lkk ed app proceedings district narrowed class definition set text district chose november coincide deadline legalization applications reform act saw program see civ lkk ed cal june app pet cert order also required ins identify class members whose applications denied recommended denial basis advance parole regulation rescind denials readjudicate applications manner consistent order civ lkk ed june app pet cert ins appeal part order see brief petitioners latter order required ins provide apprehended detained aliens deportation proceedings reasonable opportunity less thirty days submit application legalization see supra describing act provisions regarding aliens infra describing lulac relief aliens ins league latin american citizens css plaintiffs challenging district denial request injunction ordering ins permit class members outside enter file applications adjustment status appeals affirmed district denial see catholic social services thornburgh plaintiffs petition review appeals judgment thus issues presented us regulation expresses ins policy signally cryptic form stating alien eligibility shall affected entries subsequent january documented service form record negative implication alien rendered ineligible entry documented form entry documented form occurs normal official port entry alien must present document example nonimmigrant visa get see cfr ins policy alien reentered presenting facially valid document broke continuity unlawful residence whereas alien reentered crossing desolate portion border thus avoiding inspection altogether maintained continuity ins first announced intention modify policy statement issued commissioner alan nelson october see record addendum doc however issue new regulations november following lulac plaintiffs also challenged modified policy claiming aliens comply requirement cfr obtain waiver excludability fraudulently procured entry respect challenge district certified second class comprising persons adversely affected modified policy see jrx cd july app however district ultimately rejected challenge modified policy see ibid app lulac plaintiffs appeal grant summary judgment ins issue css case date chosen coincide deadline legalization applications reform act saw program jrx cd app pet cert see supra order also required ins give illegal aliens apprehended ins enforcement officials adequate time apply legalization app pet cert see supra describing act provisions regarding aliens supra describing css relief aliens appeals pending ninth circuit orders district courts subject stay order terms stay order ins obliged grant stay deportation temporary work authorization class member whose application made prima facie showing eligibility legalization obliged process applications see app pet cert appeals stayed mandate pending disposition case see nos may staying mandate nos denying ins motion dissolve stay issue mandate ins still operating stay orders march received applications temporary resident status stay orders see app pet cert ins may also use information enforce provision penalizing filing fraudulent applications prepare statistical reports congress description excludes alien already deportation proceedings applied legalization application denied however alien must also continue deportation proceedings never applied may obtain review denial application upon review final order deportation entered see act provisions regarding aliens issued order show cause applying described supra provisions district orders regarding aliens described nn supra although aliens explicit statutory right force ins commence deportation proceeding ins represented alien wishes challenge adverse determination legalization application may secure review surrendering deportation ins district office reply brief petitioners omitted single difference two sets provisions addition provisions us specific jurisdictional bar denial adjustment status section based late filing application adjustment may reviewed state reviewed administrative proceeding government ins appears concede see brief petitioners claims issue case fall within scope bar noted ripeness doctrine drawn article iii limitations judicial power prudential reasons refusing exercise jurisdiction see buckley valeo per curiam socialist labor party gilligan even ripeness question particular case prudential may raise motion bound wishes parties regional rail reorganization act cases although issue ripeness explicitly addressed questions presented ins petition fairly included parties touched briefs see brief petitioners brief respondents justice contends make firm prediction plaintiff apply benefit agency deny application virtue challenged rule may well justiciable controversy may find prudent resolve post even true however see firm prediction made case prediction plaintiffs apply benefit considering cases plaintiffs fact failed file timely applications prediction agency deny application virtue challenged rule reemphasize case access benefit question conditioned several nontrivial rules two challenged circumstance makes much difficult predict firmly ins deny particular application virtue challenged rule virtue unchallenged rule determined barred adjustment status similarly distinguishable decision northeastern chapter associated gen contractors america jacksonville factual legal setting justice stevens appears equate present cases see post associated general contractors plaintiff association alleged many members regularly bid perform construction work defendant city internal quotation marks omitted thus providing historical basis unchallenged allegation members bid designated set aside contracts restrictions imposed challenged ordinance ibid internal quotation marks omitted plaintiff cases point similar history application behavior support claim applied invalid regulations post think mere fact may heard invalid regulations qualified designated entity private attorney word mouth post insufficient proof counterfactual defined injury fact associated general contractors inability compete equal footing bidding process loss contract thus whether association members awarded contracts challenged ordinance immediately relevant plaintiffs seek equal opportunity compete adjustments status adjustments status circumstance becomes important know whether eligible adjustments challenged regulations justice maintains plaintiffs actions ripe amended complaints seek additional remedy extending application period application period post see facts establish ripeness cases us plaintiffs underlying claim ins regulation implementing reform act invalid act requires alien desiring legalization take certain affirmative steps act conditions extend beyond addressed challenged regulations one know whether challenged regulation actually makes concrete difference particular alien one knows take affirmative steps satisfy conditions neither fact application period fact plaintiffs like period extended tells us anything willingness class members take required affirmative steps satisfaction reform act conditions end application period may mean plaintiffs longer opportunity take steps make claims ripe fact significant plaintiffs claim government prevented filing timely application see infra discussing ins practice justice ripeness analysis encounters one difficulty view plaintiffs claims ripe certain alien applies ins legalization denied benefit period closed post emphasis original circumstances suggests make sense require beneficiary make wholly futile gesture submitting application ibid plaintiff establish ripeness relies certainty application denied grounds untimeliness must confront flatly bars reviewing denial adjustment status based late filing application adjustment almost certainly interpret provision bar reliance since otherwise plaintiffs always entangle ins litigation application timing claims simply suing without filing application result believe intended foreclose ordinary case manual procedures applications prepared assistance qualified designated entity reform act designation private organizations serve intermediaries applicants ins see subject review legalization assistants applications prepared help qualified designated entities skip step see legalization manual evidence record indicating many css lulac class members assisted qualified designated entities preparing applications ins forwards different interpretation policy set forth legalization manual according ins manual reflects policy motivated charitable concern inform ing aliens ins view applications deficient accepts filing fee make informed choice whether pay fee going receive immediate relief reply brief petitioners emphasis omitted rejection policy argues ins really bar applicants filing applications another sentence manual proves door remains open provides applicant whose application rejected legalization assistant insists filing application routed fee clerk adjudicator routing slip legalization assistant stating noted deficiency ies legalization manual find either two sentences parties point policy articulated ins first sentence say applicants informed says applications rejected second sentence contains hint legalization assistant tell applicant right file application despite rejection file application wants preserve rights rather seems provide little procedure dealing pesky applicant wo take answer neither sentences preserves realistic path judicial review reply brief see reply brief petitioners ins argues individuals fall outside classes defined district courts since css class included knew ins unlawful regulation thereby concluded ineligible legalization reason conclusion file application app pet cert lulac class included learned ineligibility following promulgation policy relying upon information ineligible apply legalization may deadline app language css ins points however class definition much broader see supra rather part requirements class members must meet obtain one forms relief ordered district understand lulac class definition use word apply mean application accepted filing ins reading definition encompasses ins refuses treat timely applied refusal lies heart parties dispute definition includes learned ineligibility since odd exclude learned ineligibility direct way possible description note however see infra believe word applied used broader meaning given word lulac class definition reform act limits judicial review administrative record established time review appellate authority addition ins regulation provides legalization application may filed reopened immigration judge board immigration appeals exclusion deportation proceedings cfr iii lulac one named individual plaintiff represents subclass challenging ins original document policy never attempted file application advised attorney telephone ineligible see lulac first amended complaint record doc describing plaintiff john doe css none named plaintiffs challenging advance parole regulation allege attempted file applications see css sixth amended complaint record doc see app affidavit pilar cuen legalization counselor ins refused applications legalization clients entered january visa issued time reentry app affidavit joanne stark immigration lawyer private practice aware service discouraged application past lulac class members rejected applications made record doc exh affidavit isabel garcia gallegos immigration attorney legalization offices southern arizona rejected otherwise discouraged individuals fact entered january app affidavit marc van der hout immigration attorney practice san francisco district legalization office deny individuals right file application legalization reform act individual unlawful status prior january departed reentered visa one affiant refers specific incident recounts august san francisco legalization office individual came seeking apply legalization met reception desk clerk explained facts case departed reentered january visa told qualify legalization file app affidavit marc van der hout significance incident unclear however since way telling whether individual lulac class member whether otherwise eligible legalization whether completed application ready filing payment hand record reveals relatively little application policy surrounding circumstances although think unlikely rule possibility facts allow class members demonstrate policy nevertheless substantial cause failure apply said advanced parole facially valid document regulation applied sufficiently concrete manner satisfy ripeness concerns although reach question remedy disposition case note definition css lulac class member presented ins office ins employee application terms reform act opposed terms invalid regulation entitled adjustment status reasonable interpretation word individual applied adjustment status within period individual timely applied ins need readjudicate application grant individual relief entitled since statutory deadline processing applications since individual need await deportation order obtaining judicial review reason think district lack power order relief justice concurring judgment agree district courts two cases reno catholic social services css ins league latin american citizens lulac erred extending application period legalization beyond may end interval specified immigration reform control act however reach result ripeness grounds holds member plaintiff class css lulac failed apply ins period ripe claim extend application deadline view claim became ripe may even ripe claim may well lack merit longer premature appeals consider problem ripeness submissions discussed problem except passing see pet cert brief petitioners brief respondents rather certiorari granted two questions parties rightly adhered first whether district courts jurisdiction judicial review provision title ii reform act second whether courts properly extended application period see pet cert finds jurisdictional challenge meritless mcnary haitian refugee center see ante instead proceeding consider second question presented sua sponte attempts resolve case ripeness grounds reaches hold promulgation challenged regulations give css lulac class member ripe claim class member claim ripen took affirmative steps take ins blocked path applying regulation ante new view incorrect law moreover even correct new ripeness doctrine propounded irrelevant case hand prior cases concerning anticipatory challenges agency rules specify anticipatory suit may brought rule ins regulations anticipatory suit beneficiary yet applied benefit rule denies poses different ripeness problems preenforcement suit rule see abbott laboratories gardner permitting preenforcement suit even succeeds anticipatory action beneficiary receive benefit actually applies agency might deny benefit grounds ineligibility rule contrast successful suit rule relieve plaintiff immediately burden otherwise bear yet go far state suit challenging rule necessarily unripe simply plaintiff yet applied benefit inevitability operation statute certain individuals patent irrelevant existence justiciable controversy time delay disputed provisions come effect regional rail reorganization act cases inevitable challenged rule operat plaintiff disadvantage make firm prediction plaintiff apply benefit agency deny application virtue rule may well justiciable controversy may find prudent resolve mean suggest simple anticipatory challenge ins regulations ripe approach propose cf ante issue need decided explained cases simple anticipatory challenge see infra intent rather criticize reasoning reliance categorical rule beneficiaries challenge regulations apply benefits certainly line cases beginning abbott laboratories support categorical approach decision discusses approval earlier case involved anticipatory challenge rule storer broadcasting held final agency action fcc regulation announcing commission policy issue television license applicant already owning five licenses even though specific application commission emphasis added lujan national wildlife federation stated absent explicit statutory authorization immediate judicial review regulation ordinarily considered type agency action ripe judicial review apa scope controversy reduced manageable proportions factual components fleshed concrete action applying regulation claimant situation fashion harms threatens harm major exception course substantive rule practical matter requires plaintiff adjust conduct immediately agency action ripe review whether explicit statutory review apart apa provided citations omitted new rule ripeness law even correct irrelevant cases longer fall category anticipatory actions beneficiary simply seeks invalidate rule applies benefits cases progressed district courts respondents amended complaints request additional remedy beyond invalidation ins regulations extension application period compare sixth amended complaint css record doc first amended complaint lulac record doc third amended complaint css record doc complaint lulac record doc period expired may district courts thereafter granted extension see app pet cert orders dated june august issue us whether orders entered see ante even correct plaintiff seek invalidate agency rule applying agency benefit separate question whether beneficiary must make wholly futile gesture submitting application application period expired seeking extend instant cases see class member failed apply ins within period lacks ripe claim extend application deadline period actually expired congress reform act provided application period ins closed application period months one argue orders extending period months vacated ripeness grounds orders actually us meaningfully distinguishable course respondents predicate argument extending period invalidity ins regulations see infra separate statutory provision governing length period difference change ripeness calculus basic rationale behind ripeness doctrine prevent courts premature adjudication entangling abstract disagreements disagreements premised contingent future events may occur anticipated indeed may occur union carbide supra internal quotation marks omitted contingency closing application period certain alien applies ins legalization denied benefit period closed prudence justify postponing alien claim extend period since claim purely legal since delayed opportunity seek legalization cause grave uncertainty responds point reiterating class members failed apply ins yet suffered concrete injury ins denied legalization virtue challenged regulations see ante present however class members seeking redress different logically prior injury denial opportunity apply legalization ripeness analysis focuses wrong question whether promulgation challenged regulations gave css lulac class member ripe claim ante emphasis added question whether class members claims ripe inception suits respondents seeking simply invalidate ins regulations application period yet closed whatever initial status claims became ripe period fact closed respondents amended complaints seek extension regional rail reorganization act cases held since ripeness peculiarly question timing situation rather situation time district decision must govern accord buckley valeo per curiam similarly cases us situation happens time district courts orders rather time initial complaints must govern also suggests respondents claim extend application period may well flatly barred provides denial adjustment status title ii reform act based late filing application adjustment may reviewed see ante find remarkable might construe barring suit seeking extend application deadline set ins time interpreting bar respondents substantive challenge ins regulations see ante ins observes preclusive language broader latter provision uses word denial instead determination see brief petitioners congress reform act provided application period ins closed period months believe preclude suit seeking extend period months think bars respondents claim extend period claim predicated substantive challenge ins regulations turn permitted event concerns reviewability ripeness whether provision precludes instant actions ripeness analysis remains misguided course closing application period unalloyed benefit class members failed apply may aliens ripe claims also became statutorily ineligible legalization reform act authorizes ins adjust status illegal alien appl ies adjustment period beginning date designated attorney general ins rightly argues provision precludes legalization alien waited apply period ended district courts orders extending application period unripe either constitutionally prudentially impermissible reform act authorized overlook valid requirement applications submitted overlook valid requirement receipt benefits schweiker hansen per curiam respondents assert equity requires extension time limit imposed whether provision seen limitations period subject equitable tolling see irwin department veterans affairs substantive requirement subject perhaps equitable estoppel see office personnel management richmond district courts needed special reason exercise equitable power reason respondents adduce supposed affirmative misconduct ins see irwin supra allowed equitable tolling situations complainant induced tricked adversary misconduct allowing filing deadline pass richmond supra opinions continued mention possibility course rejecting estoppel arguments type affirmative misconduct might give rise estoppel government respondents argue ins engaged affirmative misconduct promulgating invalid regulations deterred aliens ineligible regulations applying legalization see plaintiffs submission availability remedies plaintiff class css pp record doc plaintiffs memorandum remedies lulac record doc district courts essentially accepted argument ordering remedies coextensive ins supposed misconduct css extended application period class members knew ins unlawful regulation thereby concluded ineligible legalization reason conclusion file application app pet cert lulac provided almost identical remedy see agree agency commits affirmative misconduct sufficient justify equitable extension statutory time period application simply promulgating regulation incorrectly specifies eligibility criteria benefit congress passes benefits statute includes time period two goals intends eligible claimants receive benefit promptly assert claims broad definition misconduct respondents propose give first goal absolute priority second presume congress intends prioritization rather absent evidence contrary congress presumably intends two goals harmonized best possible requiring beneficiaries make timely application concurrently contest invalid regulation generally much less forgiving receiving late filings claimant failed exercise due diligence preserving legal rights irwin supra broad equitable remedy entered district courts cases contrary congress presumptive intent reform act thus error courts equity disregard statutory requirements provisions courts law ins pangilinan quoting hedge dixon county therefore agree district courts orders extending application period must vacated also agree aliens already applied within meaning see ante remand respondents may able demonstrate particular instances misconduct ins beyond promulgation invalid regulations might perhaps justify extension certain members lulac class css class see brief respondents preclude possibility narrower order requiring ins adjudicate applications aliens aliens neither endorse possibility point respondents made general suggestions misconduct justice stevens justice white justice blackmun join dissenting congress authorized major amnesty program government promulgated two regulations severely restricting access program valid regulation rendered ineligible amnesty members respective classes respondents case government course longer defends either regulation see ante nevertheless one regulations effect days period applications legalization accepted half period see ante accordingly holding regulations invalid district courts entered orders extending time filing applications certain class members see ante appeal government argued district courts lacked jurisdiction entertain actions provide remedies form extended application periods appeals rejected first argument authority decision mcnary haitian refugee center catholic social services thornburgh holds today ante ruling plainly correct appeals also correctly rejected second argument advanced government noting extension filing deadline effectuated congress intent provide meaningful opportunities apply adjustments status otherwise frustrated enforcement invalid regulations accordingly affirm judgment appeals however finds basis prolonging litigation theory argued either district courts appeals barely mentioned respondents challenges part ripe adjudication ante agree justice ante opinion concurring judgment rationale seriously flawed unlike justice however see ante doubt respondents claims ripe soon concededly invalid regulations promulgated test ripeness requiring us evaluate fitness issues judicial decision hardship parties withholding consideration abbott laboratories gardner whether issue fit judicial review turn often depends degree nature regulation present effect seeking relief toilet goods gardner put differently whether concrete action applying regulation claimant situation fashion harms threatens harm lujan national wildlife federation justice notes returned test ripeness time see ante question abbott laboratories formulation govern case first abbott laboratories factor think clear challenged regulations impact respondents sufficiently direct immediate fit judicial review opinion rests part unusual character amnesty program question explained mcnary immigration reform control act reform act constituted major statutory response vast tide illegal immigration produced shadow population literally millions undocumented aliens recognition large segment shadow population played useful constructive role american economy continued reside perpetual fear reform act established two broad amnesty programs allow existing undocumented aliens emerge shadows footnotes omitted circumstances official advice specified aliens ineligible amnesty certain convince aliens retain shadow status rather come forward moment decision made moment respondents conformed behavior invalid regulations regulations concretely directly affected respondents consigning shadow world reform act designed deliver threatening deprive statutory entitlement otherwise cf lujan concrete application threatening harm basis ripeness majority concedes course class members whose applications felt effects invalid regulations concretely applications blocked see ante opposed earlier elsewhere dispositive remains unclear whether potential application thwarted legalization assistant advice qde consultation private attorney even word mouth regarding ins policies effect potential applicant equally concrete equally devastating view relevant difference purposes ripeness respondents demonstrate like lulac class learned ineligibility following promulgation policy relying upon information ineligible apply ante like class granted relief css knew ins unlawful regulation thereby concluded ineligible legalization reason conclusion file application ante judge wald explained ayuda majority admits ins officials refused outright accept legalization applications filing district hear suit even plaintiffs affidavits read allege active discouragement rather outright refusal accept subtle distinction indeed one undoubtedly lost illegal aliens involved upon grant deny jurisdiction challenge practice app wald dissenting internal citation omitted abbott laboratories think plain respondents claims ripe adjudication time filed contrary holding seems rest premise respondents challenge condition legalization satisfied conditions see ante odds ripeness case law also general understanding way government regulation affects regulated northeastern chapter associated gen contractors america jacksonville instance held class contractors challenge ordinance making difficult compete public business without making showing class members actually position receive business absent challenged regulation announced following rule government erects barrier makes difficult members one group obtain benefit members another group member former group seeking challenge barrier need allege obtained benefit barrier order establish standing injury fact equal protection case variety denial equal treatment resulting imposition barrier ultimate inability obtain benefit though approach ripeness issue differs justice agreement concluding respondents claims ripe adjudication also agree validity relief provided district courts form extended application periods turns whether remedy consistent congressional intent see ante opinion concurring judgment american pipe constr utah equitable relief must consonant legislative scheme weinberger courts retain broad equity powers enter remedial orders absent clear statutory restriction ins pangilinan courts equity bound statutory requirements differ justice determination extensions application period case entirely consistent legislative intent hence well within authority district courts doubt true hen congress passes benefits statute includes time period two goals see ante congress two goals finality amnesty program integration productive aliens american mainstream see perales thornburgh balance ends achieve congress settled application period twelve months congress determined long enough frightened aliens come understand program step forward applications especially full period combined special outreach efforts mandated reform act ibid see requiring broad dissemination information amnesty program establishing qde generous period also serve goal finality ensur ing true resolution problem program program quoting pt problem course full period never made available respondents css class period shrank precisely days eligible legalization lulac class roughly months see supra accordingly congressional intent required extension filing deadline order make effective application period critical balance struck congress see perales congressional intent furthered frustrated equitable relief granted distinguishes case pangilinan held lacked authority order naturalization certain persons expiration statutory deadline pangilinan faced congressional command manifest specifically precluding relief granted reform act hand contains explicit limitation indeed reform act contain statutory deadline leaving largely attorney general delineate period delegation highlights relative insignificance congress application cutoff date opposed length application period see perales finally see reason limit otherwise available relief class members experienced theory applied legalization cf ante ante concurring judgment makes sense condition relief filing futile application indeed already rejected proposition application necessary receipt equitable remedy teamsters case involving discriminatory employment practices title vii civil rights act held deterred applying jobs employer practice rejecting applicants like eligible relief along unsuccessfully applied reasoned consistently enforced discriminatory policy surely deter job applications aware unwilling subject humiliation explicit certain rejection person desire job translated formal application solely unwillingness engage futile gesture much victim discrimination goes motions submitting application view appeals correct counts affirmed district orders case respondents claims justiciable filed relief ordered exceed authority district courts accordingly respectfully dissent case involves first important two amnesty programs mcnary involved second majority explains classes certified actions limited persons otherwise eligible legalization see ante absent judicial action period filing irca legalization ended thousands persons lost chance amnesty purely human terms difficult perhaps impossible us fortunate enough born country appreciate fully value lost opportunity undocumented aliens irca offered chance come hiding stop running belong america hardship withholding judicial review severe encountered decade administrative review app wald dissenting jacksonville course equal protection case respondents case seeking statutory benefit distinction relevance ripeness analysis mitigate favor finding ripeness assume reluctant overcome jurisdictional hurdles decide constitutional issues effectuate statutory programs language reform act prohibiting extension application period section relied government see brief petitioners precludes review individual applications like bearing kind challenge remedy issue see ante ante concurring judgment