Page:United States Reports 502 OCT. TERM 1991.pdf/482

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

324

INS v. DOHERTY Opinion of Rehnquist, C. J.

an order of deportation was issued, and therefore by operation of the regulations, the alien had brought a claim for withholding of deportation as well. Ibid.7 The discretion which we discussed in Abudu, therefore, applies equally to motions to reopen claims for asylum and claims for withholding of deportation. We think that the proper application of these principles leads inexorably to the conclusion that the Attorney General did not abuse his discretion in denying reopening either on the basis that respondent failed to adduce new material evidence or on the basis that respondent failed to satisfactorily explain his previous withdrawal of these claims. II The Attorney General determined that neither the denial of respondent’s designation of Ireland as the country of deportation, nor the change in Irish extradition law, qualified as new material evidence to support reopening of respondent’s deportation proceedings. He explained that since the very same statute which allows the alien to designate a country for deportation also authorizes the Attorney General to oppose that designation, the eventual denial of respondent’s designation could not be a “new fact” which would support reopening. He stated that “it is inconceivable that anyone represented by counsel could not know that there always existed a risk that the Attorney General would deny respondent’s deportation to Ireland to protect the interests of the United States.” App. to Pet. for Cert. 66a. This conclusion was based on 8 U. S. C. § 1253(a), which provides that 7

We concluded that the BIA was within its discretion to deny respondent’s motion to reopen both claims for relief because “respondent had not reasonably explained his failure to apply for asylum prior to the completion of the initial deportation proceeding,” INS v. Abudu, 485 U. S., at 111, not because the alien was not entitled on the merits to the relief sought. Cf. post, at 333–334 (Scalia, J., concurring in judgment in part and dissenting in part).