kucana holder attorney general argued november decided january illegal immigration reform immigrant responsibility act iirira amended immigration nationality act ina act codifying certain rules earlier prescribed attorney general govern process reopening removal proceedings iirira also added provision stating jurisdiction review action attorney general authority specified subchapter discretion attorney general ii regulation amended months iirira enactment provides decision grant deny motion reopen within discretion board immigration appeals bia cfr adjudicator immigration cases bia exercises authority delegated attorney general petitioner kucana moved reopen removal proceedings asserting new evidence support plea asylum immigration judge denied motion bia sustained ruling seventh circuit concluded lacked jurisdiction review administrative determination holding ii bars judicial review administrative decisions made discretionary statute also made discretionary regulation held section proscription judicial review applies attorney general determinations made discretionary statute determinations declared discretionary attorney general regulation pp motion reopen important safeguard intended ensure proper lawful disposition immigration proceedings dada mukasey review administrative decisions denying motions reopen removal proceedings dates back least courts employing deferential standard review attorney general regulation point cfr places reopening decision within bia discretion statute codify prescription otherwise specif decisions attorney general discretion pp section proscribe judicial review denials motions reopen pp amicus defending seventh circuit judgment urges regulations suffice trigger ii proscription comprehends authority specified subchapter mean pursuant subordinate administrative regulations count purposes submits issued pursuant measures subordinate legislation serve implement reading ii bar judicial review decision executive regulation places within bia discretion including decision deny motion reopen parties hand read statutory language mean specified specified subchapter reading ii precludes judicial review statute specifies discretionary character attorney general authority pp word many dictionary definitions must draw meaning context ardestani ins examining provision issue statutory context parties position stands firmer ground section ii far iirira jurisdictional limitation sandwiched two subsections dependent statutory provisions regulation define scope given statutory placement one expect cover statutory provisions alone pp section places within category judgment regarding granting relief section referenced statutory provisions addresses different form discretionary relief removal contains language indicating decision entrusted attorney general discretion clause refer regulatory provision proximity clause clause ii catchall words linking decision suggests congress mind decisions genre made discretionary legislation read harmoniously clauses convey congress barred review discretionary decisions congress set attorney general discretionary authority statute pp also significant character decisions insulated judicial review listed determinations substantive decisions executive makes involving whether aliens stay country decisions specified statute discretion attorney general therefore shielded oversight ii like kind see decisions reopening motions made discretionary regulation contrast adjunct rulings decision reversing denial motion reopen direct executive afford alien substantive relief ordinarily touches concerns question whether alien claims accorded reasonable hearing congress wanted jurisdictional bar encompass decisions specified discretionary regulation well statute moreover congress easily said provisions enacted simultaneously ii see iirira stat pp history relevant statutory provisions corroborates determination attorney general regulations long addressed reopening requests enacting iirira congress simultaneously codified process filing motions reopen acted bar judicial review number executive decisions regarding removal congress codify regulation delegating bia discretion grant deny reopening motions legislative silence indicates congress left matter bia broad discretion conferred attorney general grant deny motion reopen cfr courts retain jurisdiction review bia decision unsurprising congress leave place judicial oversight important procedural safeguard dada alien underlying asylum claim reviewable real id act amended ina adding reformulating provisions asylum protection removal even judicial review disturb unbroken line decisions upholding review administrative denials motions reopen pp lingering doubt ii proper interpretation dispelled familiar statutory construction principle presumption favoring judicial review administrative action statute reasonably susceptible divergent interpretation adopts reading executive determinations generally subject judicial review gutierrez de martinez lamagno consistently applied interpretive guide legislation regarding immigration particularly questions concerning preservation jurisdiction see reno catholic social services presumption assumes congress legislates knowledge mcnary haitian refugee center therefore takes clear convincing evidence dislodge presumption catholic social services evidence finally reading ii apply matters discretion conferred bia regulation ignore congress design retain control jurisdiction seventh circuit construction free executive shelter decisions appellate review simply issuing regulation declaring decisions discretionary extraordinary delegation authority extracted statute congress enacted pp reversed remanded ginsburg delivered opinion roberts stevens scalia kennedy thomas breyer sotomayor joined alito filed opinion concurring judgment agron kucana petitioner eric holder attorney general writ certiorari appeals seventh circuit january justice ginsburg delivered opinion petitioner agron kucana moved reopen removal proceedings asserting new evidence support plea asylum immigration judge ij denied motion board immigration appeals bia board sustained ij ruling appeals seventh circuit concluded lacked jurisdiction review administrative determination conclusion relied provision added immigration nationality act ina act stat et illegal immigration reform immigrant responsibility act iirira stat provision found dispositive seventh circuit shall jurisdiction review action attorney general authority specified subchapter discretion attorney general ii emphasis added granted certiorari decide whether proscription judicial review stated applies attorney general determinations made discretionary statute also determinations declared discretionary attorney general regulation hold key words specified subchapter refer statutory regulatory specifications rule based longstanding exercise judicial review administrative rulings reopening motions text context history relevant statutory provisions take account well presumption favoring interpretations statutes allow judicial review administrative action reno catholic social services quoting mcnary haitian refugee center concerns moreover caution us reading legislation absent clear statement place executive hands authority remove cases judiciary domain iirira congress first time codified certain rules earlier prescribed attorney general governing reopening process amended act instructs reopening motions shall state new facts proven hearing held motion granted shall supported affidavits evidentiary material congress also prescribed motion reopen shall filed within days date entry final administrative order removal among matters excepted limitation motions reopen asylum applications changed conditions country nationality removal ii section captioned matters subject judicial review contains provision case turns subparagraph paragraph headed denials discretionary relief notwithstanding provision law statutory nonstatutory except provided subparagraph regardless whether judgment decision action made removal proceedings shall jurisdiction review judgment regarding granting relief section title ii decision action attorney general authority specified subchapter discretion attorney general granting relief section title regulation amended months congress enacted iirira fed reg pt decision grant deny motion reopen within discretion board cfr adjudicator immigration cases board exercises authority delegated attorney general see cfr see also cfr governing motions reopen filed ij kucana citizen albania entered business visa remained visa expired alleging persecuted based political beliefs returned albania kucana applied asylum withholding removal ij determined kucana removable scheduled hearing evaluate eligibility asylum kucana failed appear hearing ij immediately ordered removal absentia kucana filed motion reopen explaining missed hearing overslept ij denied motion bia affirmed kucana seek judicial review leave kucana filed second motion reopen removal proceedings contending conditions albania bia denied relief concluded conditions albania actually improved since arguing bia abused discretion denying motion kucana filed petition review seventh circuit fractured decision seventh circuit dismissed petition lack jurisdiction kucana mukasey held ii bars judicial review administrative decisions made discretionary statute also agency discretion specified regulation rather statute ruling seventh circuit created split courts appeals holding denials reopening motions reviewable judge ripple concurred dubitante acknowledged following earlier decision ali gonzales suggest ed congress intended deprive th jurisdiction done explicitly concluded revisit ali kucana chart course closely adher ing statutory language chosen enacted congress judge cudahy dissented given absence specific statutory language entrusting decision motion reopen discretion attorney general ibid internal quotation marks omitted saw impediment exercise jurisdiction kucana petition support position judge cudahy invoked strong presumption congress intends judicial review administrative action quoting traynor turnage four judges dissenting seventh circuit denied kucana petition rehearing en banc see dissenting statement ripple joined rovner wood williams granted certiorari resolve circuit conflict seventh circuit government agrees kucana ii remove jurisdiction review denial reopening motion appointed amanda leiter brief argue case amicus curiae support seventh circuit judgment leiter ably discharged assigned responsibilities ii motion reopen important safeguard intended ensure proper lawful disposition immigration proceedings dada mukasey slip cf stone ins analogizing motions reconsider immigration decisions motions relief judgment federal rule civil procedure review administrative decisions denying motions reopen removal proceedings dates back least see dada slip citing cases ultimately reviewed reopening decisions numerous occasions see ins doherty ins abudu ins ins jong ha wang per curiam mindful board broad discretion matters however courts employed deferential standard review see doherty internal quotation marks omitted seventh circuit held congress removed authority long exercised federal courts review denials alien reopening request congress appeals said ii removes jurisdiction review decision attorney general authority specified subchapter discretion attorney general agree attorney general regulation cfr places decision grant deny motion reopen within discretion board statute codify otherwise specif reopening decisions discretion attorney general iii board discretionary authority act motion reopen thus far explained specified statute attorney general regulation instructs decision grant deny motion reopen within discretion board subject restrictions section board discretion deny motion reopen even party moving made prima facie case relief cfr nevertheless defense seventh circuit judgment amicus urges regulations suffice trigger ii proscription judicial review provision amicus reminds refers authority specified subchapter reads formulation word key comprehends mean pursuant subordinate lower inferior rank importance reason authority brief amicus curiae support judgment citing inter alia florida dept revenue piccadilly cafeterias slip ardestani ins administrative regulations count purposes urges issued pursuant measures subordinate legislation serve implement parties hand read specified subchapter mean specified specified reading amicus advances ii bar judicial review decision executive regulation places within bia discretion including decision deny motion reopen parties reading however ii precludes judicial review statute specifies discretionary character attorney general authority parties amicus recognize diverse renderings standing alone equip us resolve case word chameleon many dictionary definitions must draw meaning context ardestani examining statutory context provision word embedded conclude parties position stands firmer ground section ii provision issue far jurisdictional limitation iirira see dada slip reading statute must look merely particular clause consider connection whole statute internal quotation marks omitted davis michigan dept treasury words statute must read context view place overall statutory section titled matters subject judicial review lists variety agency determinations federal courts lack jurisdiction review determinations divide three categories first concerns immigration officers determinations whether aliens applying admission admissible next statutory order provision us involves denials discretionary relief last category concerns final orders removal entered criminal aliens depend statutory provisions regulation define scope latter provision criminal alien bar precludes judicial review final order removal alien removable reason committed criminal offense covered iii certain offenses covered ii defining references statutory none invokes regulation holds admissibility bar given statutory placement sandwiched subsections one expect cover statutory provisions alone focusing note lead line serving introduce subparagraph two clauses shall jurisdiction review clause places within category judgment regarding granting relief section statutory provisions referenced clause addresses different form discretionary relief removal see supra contains language indicating decision entrusted attorney general discretion see attorney general may discretion waive inadmissibility based certain criminal offenses clause refer regulatory provision clause enumeration administrative judgments insulated judicial review congress added clause ii catchall provision covering decision authority specified subchapter proximity clauses ii words linking decision suggests congress mind decisions genre made discretionary clause enumeration find instructive determining meaning clause ii catchall read harmoniously clauses convey congress barred review discretionary decisions congress set attorney general discretionary authority statute see hall street associates mattel slip hen statute sets series specific items ending general term general term confined covering subjects comparable specifics follows also find significant character decisions congress enumerated thereby insulating judicial review government explained oral argument determinations listed substantive decisions made executive immigration context matter grace things involve whether aliens stay country tr oral arg include waivers inadmissibility based certain criminal offenses based fraud misrepresentation cancellation removal permission voluntary departure adjustment status decisions specified statute discretion attorney general therefore shielded oversight ii like kind see discretion admit refugees determined special humanitarian concern discretion waive requirement documentation readmission iv discretion waive certain cases inadmissibility aliens affiliated totalitarian party decisions reopening motions made discretionary regulation contrast adjunct rulings motion reopen procedural device serving ensure aliens getting fair chance claims heard tr oral arg decision reversing denial motion reopen direct executive afford alien substantive relief ordinarily touches concerns question whether alien claims accorded reasonable hearing congress wanted jurisdictional bar encompass decisions specified discretionary regulation along made discretionary statute moreover congress easily said provisions enacted simultaneously ii congress expressed precisely meaning see iirira stat immigration benefits pursuant act regulations promulgated thereunder codified iirira stat powers privileges duties conferred imposed act regulations issued thereunder codified congress includes particular language one section statute omits another section act generally presumed congress acts intentionally purposely disparate inclusion exclusion nken holder slip internal quotation marks omitted history relevant statutory provisions corroborates determination ii proscribe judicial review denials motions reopen attorney general regulations long addressed reopening requests see fed reg current regulations adopted fed reg derive rules published see fed reg dada slip enacting iirira congress transform ed motion reopen regulatory procedure statutory form relief available alien slip iirira largely codified attorney general directions filing reopening motions see guaranteeing right file one motion prescribing contents setting deadlines legislation congress amended ina aggressively expedite removal aliens lacking legal basis remain see reno among iirira several proscriptions judicial review one issue ii barring review administrative decisions congress placed within attorney general discretion congress thus simultaneously codified process filing motions reopen acted bar judicial review number executive decisions regarding removal congress codify regulation delegating bia discretion grant deny motions reopen see cfr reopening may entertained application board may time reopen motion case rendered decision congress elected insulate denials motions reopen judicial review specified together codification directions filing reopening motions legislature silence discretion attorney general delegate board reopening motions see supra take congress left matter bia broad discretion conferred attorney general grant deny motion reopen cfr courts retain jurisdiction review due respect board unsurprising congress leave place judicial oversight important procedural safeguard designed ensure proper lawful disposition immigration proceedings dada slip alien underlying claim asylum real id act congress amended ina two courts appeals already ruled ii preclude reviewing denials motions reopen see infanzon ashcroft ashcroft reached contrary result although adding reformulating provisions asylum stat protection removal even judicial review real id act disturb unbroken line decisions upholding review administrative denials motions reopen see supra supra iv lingering doubt proper interpretation ii dispelled familiar principle statutory construction presumption favoring judicial review administrative action statute reasonably susceptible divergent interpretation adopt reading accords traditional understandings basic principles executive determinations generally subject judicial review gutierrez de martinez lamagno consistently applied interpretive guide legislation regarding immigration particularly questions concerning preservation jurisdiction see ins cyr catholic social services mcnary presumption favoring interpretations statutes allow judicial review administrative action catholic social services quoting mcnary assumes congress legislates knowledge presumption therefore takes clear convincing evidence dislodge presumption catholic social services internal quotation marks omitted evidence finally stress paramount factor decision render today defining various jurisdictional bars reference provisions ina congress ensured limit federal courts jurisdiction read ii apply matters discretion conferred board regulation rather attorney general statute ignore congressional design seventh circuit construction ii prevail executive free hand shelter decisions appellate review simply issuing regulation declaring decisions discretionary extraordinary delegation authority extracted statute congress enacted statute affecting federal jurisdiction must construed precision fidelity terms congress expressed wishes cheng fan kwok ins noted see supra amicus emphasizes many provisions iirira aimed protecting review exercises executive discretion emphasis deleted law pursues purpose costs textual limitations upon law scope less part substantive authorizations rapanos plurality opinion congress pared back judicial review iirira delegate executive authority action motions reopen made discretionary attorney general therefore remain subject judicial review reasons stated judgment appeals seventh circuit reversed case remanded proceedings consistent opinion ordered agron kucana petitioner eric holder attorney general writ certiorari appeals seventh circuit january justice alito concurring judgment agree appeals jurisdiction review denial petitioner motion reopen removal proceeding decide case narrower grounds controlling statutory provision ii shall jurisdiction review decision attorney general authority specified subchapter discretion attorney general emphasis added phrase subchapter refers subchapter ii chapter title see ante notes provision subchapter ii confers discretionary authority attorney general decide motions reopen see ante appeals however held attorney general decision case unreviewable regulation cfr made decision discretionary regulation promulgated pursuant authority conferred provision subchapter ii confront question opinion addresses seems clear cfr least insofar gave attorney general discretionary authority exercised case grounded authority conferred subchapter chapter title see ed giving attorney general authority establish regulations deems necessary carrying authority chapter title code amicus curiae appointed defend decision appeals attempted link cfr subchapter ii notes attorney general promulgating regulation cited also provision subchapter ii see fed reg latter statutory conferred authority reopen narrow set deportation orders issued alien failed appear deportation hearing although statutory provision apply petitioner motion reopen amicus argues section brief allusion motions reopen clearly presupposed attorney general place general procedure reviewing motions reopen removal proceedings brief amicus curiae support judgment amicus argument ingenious ultimately unpersuasive ed may read implicitly authorizing promulgation regulation giving attorney general discretion reopen certain deportation orders issued absentia petitioner second motion reopen however seeks reopening grounds outside therefore cfr insofar applies petitioner case issued pursuant subchapter ii implement provision subchapter reasons case decided narrow ground even regulations render decision attorney general unreviewable regulation issue case effect footnotes subparagraph enacted real id act real id act stat adds nothing subparagraph provision act section limits eliminates judicial review shall construed precluding review constitutional claims questions law raised upon petition review filed appropriate appeals accordance section addition change operative language ii enacted real id act amendments also inserted introductory clause inter alia words statutory nonstatutory ii stat introductory clause however define scope ii jurisdictional bar simply informs scope bar determined jurisdiction precluded regardless provision source law might say sections address waivers inadmissibility based certain criminal offenses fraud misrepresentation respectively addresses cancellation removal voluntary departure adjustment status subchapter refers title chapter subchapter ii code codified titled immigration exception relief refers administrative decisions whether grant asylum kucana petition judicial review limited denial motion reopen challenge proceeding decision denying application asylum statute guarantees alien right file motion reopen proceedings dada mukasey slip quoting attorney general regulations permit motions reopen seek asylum withholding removal based changed conditions country nationality removal see cfr ii recognizing regulation rather ina confers board discretion grant deny motion reopen appeals said regulation draw force provisions act allowing immigration officials govern proceedings force according seventh circuit comes described providing authority reopening board section however directed agency discretion grant deny motions reopen main simply lays requirements alien must fulfill filing motion reopen cudahy dissenting emphasis added see also infra see singh mukasey jahjaga attorney zhao gonzales miah mukasey ashcroft infanzon ashcroft ali involved decision made discretionary regulation denying alien request continuance earlier noted see supra seventh circuit stated regulation specifying board discretion motions reopen cfr draw force provisions act citing hard see regulation draw force regulation already force statutory provision enacted regulation cfr published april fed reg enacted september stat statutory reference discretion respecting motions reopen appears iv iii gives attorney general discretion waive one statute time limitations extraordinary circumstances amicus urges statutory language governing motions reopen anticipates exercise attorney general discretion motion reopen shall state new facts proven hearing held motion granted brief amicus curiae support judgment quoting one demur argument congress anticipated decisions reopening motions discretionary even statutory proscription congress enacted ii speaks authority specified merely assumed contemplated attorney general discretion specified synonymous implied anticipated see webster new collegiate dictionary specify means name state explicitly detail see also soltane dept justice alito think use marginally ambiguous statutory language without adequate particular action within attorney general discretion purposes ii defining used ii mean pursuant subordinate attorney general observes give rise fatal anomaly section ii apply regulations promulgated authority relevant subchapter specifications discretion subchapter reply brief respondent appendix brief amicus lists hundreds statutory provisions regulations described issued statute see app brief amicus curiae support judgment every one examples congress expressly used word regulations oral argument amicus called attention three instances congress used words specified title without reference regulations encompass agency matters tr oral arg citing three provisions point parts act turn rely administrative determinations amicus research underscores point context defines congress excepted ii granting relief section concerns applications asylum absent exception asylum applicants might fall within ii jurisdictional bar statutory provision specifies attorney general may grant asylum emphasis added see zadvydas davis suggests discretion amicus suggests word ii read expansively draw decisions made discretionary regulation brief amicus curiae support judgment ii say decision says decision explained decisions falling within ii compass sensibly understood include decisions made discretionary congress see brief respondent noting thirty provisions relevant subchapter ina explicitly grant attorney general make certain decision counsel offered explanation response question congress want exclude review discretionary judgments attorney general recited explicitly discretionary statute provide judicial review judgments lawfully discretionary attorney general given authority make discretionary done tr oral arg see statement house conference report iirira amicus suggests supports argument congress intended broadly foreclose judicial review reopening denials brief amicus curiae support judgment report bars judicial review decision action attorney general specified discretion attorney general conf statement read simply summarizes statutory text general level home question whether decisions made discretionary regulation judicially reviewable reach question whether review reopening denial precluded lack jurisdiction alien underlying claim relief courts confronting question refused consider petitions review reopening denial seeks revisit denial underlying claim reasoned hearing petition bar review petitioner core claim see assaad ashcroft per curiam express opinion whether federal courts may review board decision reopen removal proceedings sua sponte courts appeals held decisions unreviewable sua sponte reopening committed agency discretion law see see tamenut mukasey en banc per curiam agreeing ten courts appeals footnotes two provisions subchapter ii refer motions reopen enacted implementation cfr therefore regulation said implement provisions see ante title addresses procedural requirements filing motion requires consolidation motion reopen underlying removal order enacted part illegal immigration reform immigrant responsibility act iirira september made effective april see stat prior time consolidation provision found subchapter see provision conferred authority rescind deportation order upon motion reopen filed within days date order deportation alien demonstrates failure appear exceptional circumstances upon motion reopen filed time alien demonstrates alien receive notice alien demonstrates alien federal state custody appear fault alien similar provision enacted part iirira contained government notes provision apply case petitioner challenges denial second motion reopen parties agree governed brief respondent