Arevalo v. Ashcroft

SELYA, Circuit Judge.

This appeal poses two questions, both of first impression in this circuit, arising out of Congress’s 1996 revision of the immigration laws. First, we must determine what standard the new law requires us to apply when considering whether to grant stays of removal pending appeal (we use the terms “removal” and “deportation” interchangeably in this opinion). After studying the question, we hold that under the new law such stays are guided by essentially the same standard that informs the grant or denial of preliminary injunctions. Second, we must decide whether the neoteric…