MOHAMMED v. RENO

Docket No. 02-2443.

309 F.3d 95 (2002)

Haniff MOHAMMED, Petitioner-Appellant, v. Janet RENO, Attorney General of the United States; Doris Meissner, Commissioner, Immigration and Naturalization Service; Edward McElroy, New York District Director, Immigration and Naturalization Service, United States Department of Justice; Timothy Murray, Warden of Groveland Correctional Facility; James Walsh, Warden of the Ulster Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 24, 2002.


Attorney(s) appearing for the Case

David A. Yocis, Dewey Ballentine LLP, Washington, D.C., for Petitioner-Appellant.

Scott Dunn, Asst. U.S. Atty., Brooklyn, N.Y., for Respondents-Appellees.

Before: WALKER, Chief Judge, NEWMAN, and F.I. PARKER, Circuit Judges.


JON O. NEWMAN, Circuit Judge.

This motion by the Government to vacate a stay of removal (formerly called "deportation") following the denial of a petition for a writ of habeas corpus raises issues concerning (1) the standard to be applied by the District Court in issuing a stay of removal, (2) the standard to be applied by this Court in staying a trial court's ruling pending appeal, and, (3) with respect to the merits, the...

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