Justia Immigration Law Opinion Summaries

Petitioner filed for review of a decision from the Board of Immigration Appeals ("BIA") that denied his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture. At issue was whether petitioner's motion for a stay of removal should be granted on its merits and under the court's clarification of the standards for stays of removal in light of Nken v. Holder. The court held that petitioner's request for a stay, pending review of the BIA's decision, was granted where petitioner had demonstrated that irreparable harm was probable absent a stay, that he had a substantial case on the merits, and that the balance of hardships tipped sharply in his favor.