Nken v. Holder

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

Issue: Whether the decision of a court of appeals to stay an alienâ€™s removal pending consideration of the alienâ€™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.

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

SCOTUSblog Coverage

Regrets, but no apology (Lyle Denniston, April 25, 2012)
Court grants two cases (Lyle Denniston, November 25, 2008)

Briefs and Documents

Merit briefs

Brief for Respondent Michael B. Mukasey, Attorney General

Amicus briefs

Brief for the American Immigration Lawyers Association, Catholic Legal Services, Florida Immigrant Advocacy Center, Hebrew Immigrant Aid Society, National Immigrant Justice Center, National Immigration Law Center, Public Counsel, and World Relief in Support Petitioner
Brief for Law Professors in Support Petitioner
Brief for the Washington Legal Foundation and Allied Educational Foundation in Support Respondent

Certiorari-Stage Documents

Application for stay pending appeal
Response to application
Reply of applicant

Breaking News

Nken v. Holder

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