United States Fourth Circuit

Petition to review decision denying panel rehearing is denied where, based on the plain language of 8 U.S.C. section 1252(f)(2) and supported by the clear congressional purpose underlying the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), an alien who has been ordered removed from the U.S. must show by clear and convincing evidence that entry or execution of the order of removal is prohibited as a matter of law in order to "stay" (i.e., stop) the removal.

Appellate Information

• Decided 10/30/2008
• Published 10/30/2008

Judges

Court

• United States Fourth Circuit

Counsel