Summary
The Ninth Circuit, sitting en banc, vacated its prior order denying Petitioners’ motion to stay removal and granted the motion pending disposition of the en banc case. The court also invited optional supplemental briefing concerning the nexus element of asylum and withholding claims and whether Rodriguez-Zuniga v. Garland should be overruled. Judge Wardlaw concurred, while Judges Lee, Bade, and Tung dissented from granting the stay.
Topics
Practice areas
Questions Presented
- Whether Petitioners met the standard for a stay of removal under Nken v. Holder.
- Whether the court should vacate its prior order denying Petitioners' motion to stay removal and grant the stay pending disposition of the en banc case.
Holdings
- After considering the en banc briefing and oral argument, Petitioners met the standard for a stay of removal under Nken v. Holder.
- The court vacated its prior order denying Petitioners' motion to stay removal and granted the opposed motion to stay removal pending disposition of the en banc case.
Key quotations
“In light of en banc briefing and oral argument, it is now apparent that Petitioners meet the standard for a stay of removal under Nken v. Holder, 556 U.S. 418 (2009).”
“The Court therefore vacates its prior order denying the motion to stay removal (Dkt. No. 40) and GRANTS Petitioners’ opposed motion to stay removal (Dkt. No. 3) pending disposition of this en banc case.”
Factual background
Petitioners are noncitizens subject to removal proceedings whose claims for asylum and withholding of removal were rejected by the Board of Immigration Appeals based in part on failure to establish the required nexus. They sought a stay of removal while the Ninth Circuit considered their petition and related issues concerning the governing asylum-nexus precedent. The court concluded after en banc briefing and oral argument that they met the standard for a stay under Nken v. Holder.
Procedural history
Petitioners initially moved for a stay of removal. An automatic stay was issued, a three-judge panel later denied the stay, and the court granted rehearing en banc and vacated the panel opinion. The en banc court initially denied a stay, then vacated that denial after en banc briefing and oral argument and granted a stay pending disposition of the en banc case.
Remand instructions
No remand was ordered. The court stayed removal pending disposition of the en banc case and permitted optional supplemental briefing within 14 days.