Docket for 08A413
| No. 08A413 | |
| Title: |
| Jean Marc Nken, Applicant |
| v. |
| Michael B. Mukasey, Att'y Gen. |
|
| Docketed: | |
| Linked with 08-681 |
| Lower Ct: | United States Court of Appeals for the Fourth Circuit |
| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Nov 7 2008 |
Application (08A413) for stay pending appeal, submitted to The Chief Justice. |
| Nov 10 2008 |
Response to application (08A413) requested by The Chief Justice, due November 17, 2008, by 4 p.m. |
| Nov 17 2008 |
Response to application from respondent Michael B. Mukasey filed. |
| Nov 18 2008 |
Reply of applicant Jean Marc Nken filed. |
| Nov 24 2008 |
DISTRIBUTED for Conference of November 25, 2008. |
| Nov 24 2008 |
Application (08A413) referred to the Court by The Chief Justice. |
| Nov 25 2008 |
The application for stay presented to The Chief Justice and referred to the Court is granted, and it is ordered that the removal of petitioner is hereby stayed pending further order of the Court. In addition, the application for stay is treated as a petition for a writ of certiorari (08-681), and the petition for a writ of certiorari is granted limited to the following question: "Whether the decision of a court of appeals to stay an alien's removal pending consideration of the alien's petition for review is governed by the standard set forth in section 242(f)(2) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1252(f)(2), or instead by the traditional test for stays and preliminary injunctive relief." The brief of the petitioner is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m. Friday, December 19, 2008. The brief of the respondent is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m. Wednesday, January 7, 2009. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m. Wednesday, January 14, 2009. |
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