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Habeas, Stay, Expedited Removal Victory: Kabenga v. Holder

January 26, 2015 (1 min read)

"At this juncture, the question before this Court is whether Kabenga's expedited removal should be stayed pending the resolution of his petition for a Writ of Habeas Corpus.  That question turns primarily on a threshold jurisdictional issue: may this Court, pursuant to its federal habeas jurisdiction, examine the legal sufficiency of Kabenga's 2012 removal in order to determine whether he is still an LPR?  Because I conclude that the answer is yes, and because the rest of the stay factors tilt in Kabenga's favor, his motion is GRANTED." - Kabenga v. Holder, No. 14-CV-9084 (SAS), S.D.N.Y., January 2, 2015.