Legal Opinion
Dan Marius Andreiu v. John Ashcroft, Attorney General
Court of Appeals for the Ninth Circuit
Decided June 18, 2001No. 99-70274PublishedCited by 103 opinions
1Opinion of the Court
Opinion by Judge MICHAEL DALY HAWKINS; Concurrence by Judge BEEZER
MICHAEL DALY HAWKINS, Circuit Judge:
This case requires us to consider the application of certain 1996 amendments to the nation’s immigration laws to an alien’s motion for stay of removal proceedings pending the resolution of a petition for review. The Immigration and Naturalization Service (“INS”) contends that 8 U.S.C. § 1252(f)(2) permits a stay only when the alien shows by clear and convincing evidence that the removal order is prohibited as a matter of law. Section 1252(f), however, limits only a court’s power to “enjoin…
2Cases cited12 opinions
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Reno v. American-Arab Anti-Discrimination CommitteeSupreme Court of the United States · 1999
- United States v. WilsonSupreme Court of the United States · 1992
- Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
- 96 Cal. Daily Op. Serv. 2252, 96 Daily Journal D.A.R. 3751 Saideh Fisher, AKA Saideh Hassib-Tehrani Kian Hosseini Lavasani v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1996
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3Cited by103 opinions
- Nken v. HolderSupreme Court of the United States · 2009
- Tilahun Fantaye Desta v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Guy v. Crown Equipment Corp.Court of Appeals for the Fifth Circuit · 2004
- Hector Montero-Martinez Gregorio Pedro Montero-Hernandez v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Ninth Circuit · 2002
- Leiva-Perez v. HolderCourt of Appeals for the Ninth Circuit · 2011
98 more not listed; retrieve them via the Exa API.