Nken v. Holder

Issue: 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 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.

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