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THAPA v. GONZALES

Docket No. 06-1973-ag Con [06-1477-ag Lead].

460 F.3d 323 (2006)

Deu THAPA, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 16, 2006.

Attorney(s) appearing for the Case

Justin T. Conlon (Michael J. Boyle, of counsel), Law Offices of Michael Boyle, North Haven, CT, for Petitioner.

David S. Rubenstein, Assistant United States Attorney (Sarah S. Normand, Assistant United States Attorney, of counsel) for Michael J. Garcia, United States Attorney for the Southern District of New York, for Respondent.

Before SACK, KATZMANN, Circuit Judges, and MURTHA, District Judge.

KATZMANN, Circuit Judge.

This motion presents an issue of first impression in this Circuit: whether we have jurisdiction under the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., to stay an order of voluntary departure issued by an immigration judge or the Board of Immigration Appeals. Having concluded that we do, and that the petitioner here, Deu Thapa, had met the traditional standards for a stay,...

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