skip navigation
search

TUESDAY, NOVEMBER 25, 2008
CERTIORARI GRANTED
08-267UNITED STATES V. DENEDO, JACOB
The petition for a writ of certiorari is granted.
08-681NKEN, JEAN M. V. MUKASEY, ATT'Y GEN.
(08A413)
The application for stay presented to The Chief Justice and
referred to the Court is granted, and it is ordered that the
removal of petitioner is hereby stayed pending further order of
the Court. In addition, the application for stay is treated as a
petition for a writ of certiorari, and the petition for a writ
of certiorari is granted limited to the following question:
“Whether the decision of a court of appeals to stay an alien’s
removal pending consideration of the alien’s petition for review
is governed by the standard set forth in section 242(f)(2) of
the Immigration and Nationality Act, 8 U.S.C. § 1252(f)(2), or
instead by the traditional test for stays and preliminary
injunctive relief.” The brief of the petitioner is to be filed
with the Clerk and served upon opposing counsel on or before
2 p.m. Friday, December 19, 2008. The brief of the respondent
is to be filed with the Clerk and served upon opposing counsel
on or before 2 p.m. Wednesday, January 7, 2009. A reply brief,
if any, is to be filed with the Clerk and served upon opposing
counsel on or before 2 p.m. Wednesday, January 14, 2009.