Summary
The United States Court of Appeals for the Fifth Circuit denied Ernesto Labrador Gutierrez’s petition for a stay of removal. The per curiam order states that equitable relief is not a matter of right or convenience and notes that Judge Haynes would have granted a short temporary stay to permit review.
Topics
Practice areas
Questions Presented
- Whether the petitioner was entitled to a stay of removal as equitable relief while the petition for review was pending.
Holdings
- The petition for a stay of removal was denied because equitable relief is not a matter of right or convenience, even when the requested relief is temporary or short.
Key quotations
“Equitable relief—even if it is “temporary” or “short”—is never a matter of right or convenience.” (1)
Factual background
The opinion concerns a petition for review from an order of the Board of Immigration Appeals in an immigration matter. The petitioner sought a stay of removal while the court considered the issue.
Procedural history
Ernesto Labrador Gutierrez petitioned the Fifth Circuit for review of an order of the Board of Immigration Appeals and sought a stay of removal. The court denied the petition for stay of removal; Judge Haynes would have granted a short temporary stay to permit review of the issue.