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VIDAL v. GONZALES

No. 07-60070.

491 F.3d 250 (2007)

Luis Ernesto Sierra VIDAL; Viviana Sierra Hernandez; Sandra Patricia Hernandez Hurtado, Petitioners, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

June 27, 2007.

Attorney(s) appearing for the Case

Miguel A. Elias, Kenner, LA, for Petitioners.

Nicole N. Murley, Thomas Ward Hussey, Dir., Norah Ascoli Schwarz, Luis Enrique Perez, U.S. Dept. of Justice, OIL, Washington, DC, Trey Lund, U.S. Imm. & Custons Enf., Field Office Dir., Attn: Carl Perry, New Orleans, LA, for Respondent.

Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Luis Ernesto and his family filed a motion for stay of a voluntary departure order pending the outcome of their petition for review to this court. Noting that our jurisdiction to issue such a stay was uncertain, and that the petitioner's voluntary departure deadline was looming, we denied the motion, concluding that the merits of the petitioner's underlying claim did not justify a stay...

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