Nken v. Holder

Docket No. Argument Opinion Vote Author Term
08-681 Jan 21, 2009
Tr.
Apr 22, 2009 7-2 Roberts OT 2008

Issue: Whether the decision of a court of appeals to stay an alien’s removal pending consideration of the alien’s petition for review is governed by the standard set forth in 8 U.S.C. 1252(f)(2) or instead by the traditional test for stays and preliminary injunctive relief.

Judgment: Vacated and remanded, 7-2, in an opinion by Chief Justice John Roberts on April 22, 2009.

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