Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.
On Tuesday the court hears oral argument in Hernández v. Mesa. Amy Howe has our preview.
On Tuesday the court also hears oral argument in McLane Co. v. EEOC. Charlotte Garden has our preview.

Nken v. Holder

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

Plain English Summary:

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

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