Legal Opinion

Bin Weng v. U.S. Attorney General, Immigration & Naturalization Service

Court of Appeals for the Eleventh Circuit

Decided April 10, 2002No. 01-17214PublishedCited by 32 opinions

1Opinion of the Court

BY THE COURT:

Petitioner Bin Weng has filed a petition for review of the BIA’s final order of removal. He now moves this Court to stay his removal during our appellate review. Weng’s motion for a stay is denied because he has not satisfied the new “clear and convincing” standard for enjoining an alien’s removal under IIRIRA. See 8 U.S.C. § 1252(f)(2).

I. BACKGROUND

Weng is a native and citizen of China. On April 17, 2001, he arrived at Hartsfield Atlanta International Airport without any travel or entry documents. He provided a statement to officers of Respondent Immigration and Naturalization…

2Cases cited30 opinions

  1. Addington v. TexasSupreme Court of the United States · 1979
  2. Reno v. American-Arab Anti-Discrimination CommitteeSupreme Court of the United States · 1999
  3. Mack Davis v. Town of Lake Park, Florida, a Florida Municipal CorporationCourt of Appeals for the Eleventh Circuit · 2001
  4. Harris v. GarnerCourt of Appeals for the Eleventh Circuit · 2000
  5. Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996

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3Cited by32 opinions

  1. Nken v. HolderSupreme Court of the United States · 2009
  2. Arevalo v. AshcroftCourt of Appeals for the First Circuit · 2003
  3. Mohammed v. RenoCourt of Appeals for the Second Circuit · 2002
  4. Mohammed v. RenoCourt of Appeals for the Second Circuit · 2002
  5. Germar Scheerer v. United States Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2006

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

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