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Immigration Law

CA6 on Stay of Removal: Rondon Antonio v. Garland

Rondon Antonio v. Garland

"Whether these issues satisfy the standard to grant Rondon Antonio’s petition is a question that goes to the ultimate merits which we do not address at this juncture. But his claim is far from frivolous and, in light of his strong showing of irreparable harm, his arguments present a sufficient likelihood of success to weigh in favor of granting a stay pending an appeal on the merits. Turning to the final stay considerations, we recognize that there are competing public interests. “[T]here is a public interest in preventing aliens from being wrongfully removed . . . .” Nken, 556 U.S. at 436. On the other hand, “[t]here is always a public interest in prompt execution of removal orders.” Id. But given the serious question on the merits, the undisputedly strong showing of irreparable harm, and Rondon Antonio’s interest in avoiding wrongful removal, a stay pending a merits decision is necessary to preserve any value in hearing his case on the merits. Accordingly, the motion for a stay of removal is GRANTED."

[Hats off to Stephanie M. Blumenau!]