Page:United States Reports 502 OCT. TERM 1991.pdf/477

 502us2$24h 01-22-99 08:25:35 PAGES OPINPGT

Cite as: 502 U. S. 314 (1992)

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Opinion of Rehnquist, C. J.

When the extradition proceedings concluded, the deportation proceedings against respondent resumed. On September 12, 1986, at a hearing before the Immigration Judge, respondent conceded deportability and designated Ireland as the country to which he be deported pursuant to 8 U. S. C. § 1253(a).3 In conjunction with this designation, respondent withdrew his application for asylum and withholding of deportation. The INS unsuccessfully challenged respondent’s designation on the basis that Doherty’s deportation to Ireland would, in the language of § 1253(a), “be prejudicial to the interests of the United States.” The Immigration Judge found that the INS had produced no evidence to support its objection to the designation and ordered that respondent be deported to Ireland. App. to Pet. for Cert. 158a. On March 11, 1987, the Board of Immigration Appeals (BIA) affirmed the deportation order, concluding that the INS had never before rejected a deportee’s designation and that rejection of a deportee’s country of designation is improper “in the absence of clear evidence to support that conclusion.” Id., at 155a. The INS appealed the BIA’s determination to the Attorney General pursuant to 8 CFR § 3.1(h)(iii) (1987).4 While the order to deport respondent to Ireland was being reviewed by the Attorney General, respondent filed a motion to reopen his deportation proceedings on the basis that the 3 Title 8 U. S. C. § 1253(a) provides, in part: “The deportation of an alien in the United States. . . shall be directed by the Attorney General to a country promptly designated by the alien if that country is willing to accept him into its territory, unless the Attorney General, in his discretion, concludes that deportation to such country would be prejudicial to the interests of the United States.” 4 Initially, the INS moved for reconsideration of the BIA’s March 1987 decision based on new evidence in the form of an affidavit by the Associate Attorney General. The BIA reopened the appeal but refused to remand to the Immigration Judge, instead finding that the affidavit offered by the INS was not new evidence and, in any event, did not change the BIA’s conclusion. App. to Pet. for Cert. 134a–142a.