United States Second Circuit

60-day voluntary departure order issued by the BIA is stayed pending court of appeals' consideration of petition of review where appellate court has the authority under 28 U.S.C. section 2349(b), as incorporated by reference in 8 U.S.C. section 1252(a)(1), to grant stays of voluntary departure orders and that the appropriate standard for granting such stays is the same as the standard for granting stays of removal orders, and petitioner satisfies this standard.

Appellate Information

• Decided 08/16/2006
• Published 08/16/2006

Judges

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

Court

• United States Second Circuit

Counsel

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


• For Appellees:
  
• 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.