Nken v. Holder
- Case Date: 1/8/2009
- Project Name: Protecting America's Freedom: National Security and Defense
On April 22, the U.S. Supreme Court declined to restrict the power of federal courts to delay the deportation of aliens while they appeal a removal order. The Court rejected the position of immigration officials that such delays are not permissible in the absence of clear and convincing evidence that the removal order was issued in violation of federal immigration law. The 7-2 decision was a setback for WLF, which filed a brief urging the Court to impose strict limits on stays pending appeal. But the decision contained a silver lining: the Court suggested that some appeals courts have been too free in granting appeals and indicated that a stay is improper unless the alien can demonstrate both that he is likely to prevail on his appeal and that he will suffer irreparable harm if a stay is denied. The Court further indicated that the dislocations that accompany any removal are not by themselves sufficient to constitute "irreparable harm."
More Information and Downloads:
1/8/2009: Download the Brief
Litigation Update: Court Permits Aliens to Delay Deportation Pending Appeal