Supreme Court Hears Oral Argument in Nken v. Filip, on Question of Standard of Review for Stays of Removal Pending Appeal

Professor Jessica Slavin has a post on the Marquette Law Faculty blog  on a case argued in the Supreme Court earlier this week, Nken v. Filip (formerly Nken v. Mukasey), which raises the question whether an “alien” who seeks a stay of deportation pending appeal must prove by clear and convincing evidence that his deportation is prohibited by law.   Professor Slavin writes that “[t]he majority of courts have held that the ordinary standard for stays pending appeal continues to apply to such stays despite Congress’s enactment in 1996 of legislation providing that `no court shall enjoin the removal of any alien pursuant to a final order under this section unless the alien shows by clear and convincing evidence that the entry or execution of such order is prohibited as a matter of law,’ 8 U.S.C. sec. 1252(f)(2).”

For links to briefs, as well as to the transcript to the oral argument, click here.

KJ