Sierra Vidal v. Gonzales
Court of Appeals for the Fifth Circuit
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
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Miller v. FrenchSupreme Court of the United States · 2000
- Immigration & Naturalization Service v. ErricoSupreme Court of the United States · 1967
- David Wachira Ngarurih v. John D. Ashcroft, Attorney General of the United StatesCourt of Appeals for the Fourth Circuit · 2004
- Bocova v. GonzalesCourt of Appeals for the First Circuit · 2005
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Johana Herrera Morales v. Jefferson Sessions, IIICourt of Appeals for the Fifth Circuit · 2017
- Rosa Avelar-Oliva v. William Barr, U. S. Atty GenCourt of Appeals for the Fifth Circuit · 2020
- Burgess v. Federal Deposit Insurance Corp.Court of Appeals for the Fifth Circuit · 2017
- United States v. Sandoval-CorderoDistrict Court, W.D. Texas · 2018
- United States v. Niebla-AyalaDistrict Court, W.D. Texas · 2018
9 more not listed; retrieve them via the Exa API.