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Nken v. Holder

Docket No.: 08-681
Certiorari Granted: Nov 25 2008
Argued: January 21, 2009
Decided: April 22, 2009

PartyNames: Jean Marc Nken v. Eric H. Holder, Jr., Attorney General
Petitioner: Jean Marc Nken
Respondent: Eric Holder, Attorney General

Court Below: United States Court of Appeals for the Fourth Circuit

Jean Marc Nken
v.
Eric Holder, Attorney General
Question Presented:

IN ADDITION, THE APPLICATION FOR STAY IS TREATED AS A PETITION FOR A WRIT OF CERTIORARI, AND THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO THE FOLLOWING QUESTION: "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 SECTION 242(f)(2) OF THE IMMIGRATION AND NATIONALITY ACT, 8 U.S.C. ยง 1252(f)(2), OR INSTEAD BY THE TRADITIONAL TEST FOR STAYS AND PRELIMINARY INJUNCTIVE RELIEF."

Question:

Is the decision of a court of appeals to stay an alien's removal pending consideration of the alien's petition for review governed by the standard set forth in section 242(g)(2) of the Immigration and Nationality Act, 8 U.S.C. Section 1252(f)(2), or instead is it governed by the traditional test?

Note:

DECISION BELOW:

Holding: vacated and remanded
Vote: 7-2
Read NKEN V. HOLDER opinion (PDF)
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