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AREVALO v. ASHCROFT

No. 03-1135.

344 F.3d 1 (2003)

Gloria AREVALO, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided August 29, 2003.

Attorney(s) appearing for the Case

Anthony Drago, Jr., with whom Anthony Drago, Jr., P.C. was on brief, for petitioner.

Papu Sandhu, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, with whom Robert D. McCallum, Jr., Assistant Attorney General, and Emily Anne Radford, Associate Director, Civil Division, were on brief, for respondent.

Before SELYA, Circuit Judge, R. Arnold, Senior Circuit Judge, and Lipez, Circuit Judge.

SELYA, Circuit Judge.

This appeal poses two questions, both of first impression in this circuit, arising out of Congress's 1996 revision of the immigration laws. First, we must determine what standard the new law requires us to apply when considering whether to grant stays of removal pending appeal (we use the terms "removal" and "deportation" interchangeably in this opinion). After studying the question, we hold that under the new law such stays are guided by essentially...

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