April 22, 2009, Nken v Holder:
"Petitioner Nken sought an order from the Fourth Circuit staying hisremoval to Cameroon while his petition for review of a Board of Immigration Appeals order denying his motion to reopen removal proceedings was pending. Nken acknowledged that Circuit precedent required an alien seeking such a stay to satisfy 8 U. S. C. §1252(f)(2),which sharply restricts the availability of injunctions blocking the removal of an alien from this country, but argued that a court’s authority to stay a removal order should instead be controlled by the traditional criteria governing stays.
The Court of Appeals denied the stay motion without comment.
Held: Traditional stay factors, not the demanding §1252(f)(2) standard, govern a court of appeals’ authority to stay an alien’s removal pending judicial review. "
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