Nken v. Holder
Jan 21, 2009
|Apr 22, 2009||7-2||Roberts||OT 2008|
Issue: Whether the decision of a court of appeals to stay an alienâ€™s removal pending consideration of the alienâ€™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.
Briefs and Documents
- Brief for the American Immigration Lawyers Association, Catholic Legal Services, Florida Immigrant Advocacy Center, Hebrew Immigrant Aid Society, National Immigrant Justice Center, National Immigration Law Center, Public Counsel, and World Relief in Support Petitioner
- Brief for Law Professors in Support Petitioner
- Brief for the Washington Legal Foundation and Allied Educational Foundation in Support Respondent