Calcano-Martinez v. INS Case Brief

Facts of the Case

The three petitioners, Calcano-Martinez, Sergio Madrid, and Fazila Khan were legal permanent residents of the United States who were ordered deported because of prior criminal convictions. Each filed a petition for review pursuant to, challenging the final orders of removal entered against them by the Board of Immigration Appeals. Each petitioner also filed a petition for habeas corpus in a United States district court.


Does an anonymous tip alone provide a reasonable suspicion sufficient to stop and search an individual’s car?


“Yes. In a 5-4 opinion delivered by Justice John Paul Stevens, the Court held that the Court of Appeals lacked jurisdiction to hear the petitions for direct but petitioners can proceed with their habeas petitions if they wish to obtain relief. “As petitioners in this case were convicted of ‘aggravated felonies’ within the meaning of the relevant statutes,” wrote Justice Stevens, “the plain language of [IIRIRA] fairly explicitly strips the courts of appeals of jurisdiction to hear their claims on petitions for direct review.” Justice Stevens continued that “Congress has not spoken with sufficient clarity to strip the district courts of jurisdiction to hear habeas petitions raising identical claims.””

Case Information

Citation: 533 US 348 (2001)
Argued: Apr 24, 2001
Decided: Jun 25, 2001
Case Brief: 2001