Roberto Francisco Franco Rodriguez v. Acting Director, U.S. Immigration and Customs Enforcement, Miami Field Office, et al.

Summary

The court denied Roberto Francisco Franco Rodriguez’s emergency motion to stay removal while his habeas petition challenging immigration detention remained pending. It held that 8 U.S.C. § 1252(g) strips district courts of jurisdiction to stay execution of a removal order and that the All Writs Act cannot restore jurisdiction expressly withheld by Congress.

Holdings

1. Section 1252(g) deprives the district court of subject-matter jurisdiction to stay execution of a removal order because a requested stay directly challenges the Attorney General's action in executing the order.
2. The All Writs Act does not confer jurisdiction that Congress has expressly withdrawn and cannot be used to issue a stay of removal barred by § 1252(g).

Questions Presented

1. Whether 8 U.S.C. § 1252(g) deprives a federal district court of jurisdiction to issue a stay of removal.
2. Whether the All Writs Act, 28 U.S.C. § 1651, authorizes a district court to stay removal when the Immigration and Nationality Act expressly bars jurisdiction over challenges to execution of removal orders.

Disposition

denied