SEEKING A JUDICIAL STAY OF REMOVAL IN THE COURT OF APPEALS

Here is a practice advisory entitled: “Seeking a Judicial Stay of Removal in the Court of Appeals: Standard, Implications of ICE’s Return Policy and the OSG’s Misrepresentation to the Supreme Court, and Sample Stay Motion.” This advisory:

 Provides background information regarding stay requests, including when an immigration agency order becomes final and how to file a stay motion.

 Discusses the legal standard for stay motions as set forth by the Supreme Court in Nken v. Holder.

 Addresses the implications on stay motions of ICE’s return policy and of the Office of the Solicitor General’s (OSG) misrepresentations to the Supreme Court regarding the government’s ability to return successful litigants.

 Includes a sample stay motion containing legal arguments for litigants in stay litigation and a template declaration in support of a stay motion.

 Includes an appendix detailing local rules and procedures of circuit courts.

This advisory was written by the National Immigration Project/NLG, Boston College Post Deportation Human Rights Project, Immigrant Rights Clinic at NYU School of Law, and the American Immigration Council.

KJ