Supreme Court Determines That Traditional Stay Continues to Be Available to Aliens Appealing from Removal Orders
As I blogged about previously, in January the United States Supreme Court heard oral argument in the case of Nken v. Holder, which raised the question of whether the 1996 amendments to judicial review provisions that removed the automatic stay of deportation pending appeal had replaced the automatic stay with a traditional stay standard or a heightened, extremely restrictive standard, one that almost never would allow a stay.
Today, in a 7-2 opinion authored by Justice Roberts, the Court announced its decision in favor of the alien, determining that the disputed 1996 statutory provision did not take away the appellate courts’ traditional stay power in appeals pending deportation.