United States Fourth Circuit

In removal proceedings, a motion to stay petitioner's removal pending resolution of her petition for review is denied where: 1) 8 U.S.C. section 1252(f)(2) provides the controlling standard for motions to stay removal; and 2) under such standard, petitioner failed to show "by clear and convincing evidence" that her removal is "prohibited as a matter of law."

Appellate Information

• Decided 06/16/2008
• Published 06/16/2008

Judges

• Before WILLIAMS, Chief Judge, SHEDD, Circuit Judge, and CLAUDE M. HILTON, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jason Alexander Dzubow, Mensah, Butler & Dzubow, PLLC, Washington, D.C., for Petitioner.  Thomas Henderson Dupree, Jr., United States Department of Justice, Washington, D.C., for Respondent.   ON BRIEF:  Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, Carol Federighi, Senior Litigation Counsel, Office of Immigration Litigation, Brianne Whelan Cohen, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.