ORDER LIST 11/25/08 (2008)

CERTIORARI GRANTED

08-267 UNITED STATES V. DENEDO, JACOB

The petition for a writ of certiorari is granted.

08-681 NKEN, 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.