William Leiva-Perez v. Eric Holder, Jr.

William Leiva-Perez v. Eric Holder, Jr.

Petitioner,:	WILLIAM ALEXANDER LEIVA-PEREZ
Respondent,:	ERIC H. HOLDER, Jr., Attorney General
Case Number:	09-71636
Filed:	May 29, 2009
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

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Date Filed	Description
April 1, 2011	William Leiva-Perez v. Eric Holder, Jr.

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Date Filed	Document Text
April 1, 2011	Filing 9022823631 Filed Non dispositive order and per curiam opinion (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON) Insofar as Abbassi and its progeny permitted noncitizens to obtain a stay of removal pending adjudication of their petitions for review upon showing that irreparable harm was anything less than probable, those cases were overruled by Nken. That said, so long as the alien has made the threshold showing that irreparable harm is probable absent a stay, we continue to weigh the relative equities along the Abbassi continuum, delineated on one end by a showing of a strong likelihood of success on the merits and that the public interest does not weigh heavily against a stay; and, on the other end, by a showing of a substantial case on the merits and that the balance of hardships tips sharply in favor of a stay. Because Leiva-Perez has met his burden as to each factor and the overall balance tips in his favor, we grant his motion for a stay of removal pending the resolution of his petition for review. STAY GRANTED. [7701669]

Date Filed

Document Text

April 1, 2011

Filing 9022823631 Filed Non dispositive order and per curiam opinion (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON) Insofar as Abbassi and its progeny permitted noncitizens to obtain a stay of removal pending adjudication of their petitions for review upon showing that irreparable harm was anything less than probable, those cases were overruled by Nken. That said, so long as the alien has made the threshold showing that irreparable harm is probable absent a stay, we continue to weigh the relative equities along the Abbassi continuum, delineated on one end by a showing of a strong likelihood of success on the merits and that the public interest does not weigh heavily against a stay; and, on the other end, by a showing of a substantial case on the merits and that the balance of hardships tips sharply in favor of a stay. Because Leiva-Perez has met his burden as to each factor and the overall balance tips in his favor, we grant his motion for a stay of removal pending the resolution of his petition for review. STAY GRANTED. [7701669]

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Petitioner,: WILLIAM ALEXANDER LEIVA-PEREZ
Represented By:	Salman Alam
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Respondent,: ERIC H. HOLDER, Jr., Attorney General
Represented By:	Lynda Do
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