Legal Opinion

Sierra Vidal v. Gonzales

Court of Appeals for the Fifth Circuit

Decided June 27, 2007No. 07-60070PublishedCited by 14 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Luis Ernesto and his family filed a motion for stay of a voluntary departure order pending the outcome of their petition for review to this court. Noting that our jurisdiction to issue such a stay was uncertain, and that the petitioner’s voluntary departure deadline was looming, we denied the motion, concluding that the merits of the petitioner’s underlying claim did not justify a stay, and stating that an opinion explaining the jurisdictional basis of our decision would follow. Today we offer the explanation.

I

It is plain that we have no jurisdiction to…

2Cases cited12 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Miller v. FrenchSupreme Court of the United States · 2000
  3. Immigration & Naturalization Service v. ErricoSupreme Court of the United States · 1967
  4. David Wachira Ngarurih v. John D. Ashcroft, Attorney General of the United StatesCourt of Appeals for the Fourth Circuit · 2004
  5. Bocova v. GonzalesCourt of Appeals for the First Circuit · 2005

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Johana Herrera Morales v. Jefferson Sessions, IIICourt of Appeals for the Fifth Circuit · 2017
  2. Rosa Avelar-Oliva v. William Barr, U. S. Atty GenCourt of Appeals for the Fifth Circuit · 2020
  3. Burgess v. Federal Deposit Insurance Corp.Court of Appeals for the Fifth Circuit · 2017
  4. United States v. Sandoval-CorderoDistrict Court, W.D. Texas · 2018
  5. United States v. Niebla-AyalaDistrict Court, W.D. Texas · 2018

9 more not listed; retrieve them via the Exa API.

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