Legal Opinion
Deu Thapa v. Alberto Gonzales, Attorney General of the United States
Court of Appeals for the Second Circuit
Decided August 16, 2006No. Docket 06-1973-ag Con [06-1477-ag Lead]PublishedCited by 100 opinions
1Opinion of the Court
KATZMANN, Circuit Judge.
This motion presents an issue of first impression in this Circuit: whether we have jurisdiction under the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., to stay an order of voluntary departure issued by an immigration judge or the Board of Immigration Appeals. Having concluded that we do, and that the peti tioner here, Deu Thapa, had met the traditional standards for a stay, we previously granted the motion for a stay in a short order stating that an opinion would follow. We now explain the reasoning behind that decision.
We hold that we have the authority…
2Cases cited29 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Tilahun Fantaye Desta v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Washington Metropolitan Area Transit Commission v. Holiday Tours, Inc.Court of Appeals for the D.C. Circuit · 1977
- Foti v. Immigration & Naturalization ServiceSupreme Court of the United States · 1963
- VELARDEBoard of Immigration Appeals · 2002
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3Cited by100 opinions
- Dada v. MukaseySupreme Court of the United States · 2008
- Francisco Garfias-Rodriguez v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2012
- In Re World Trade Center Disaster Site LitigationCourt of Appeals for the Second Circuit · 2007
- Mahmood v. HolderCourt of Appeals for the Second Circuit · 2009
- Mizrahi v. GonzalesCourt of Appeals for the Second Circuit · 2007
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