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Jean Marc Nken v. Eric H. Holder, Jr., Attorney General

• 2008 • 556 U.S. 418 • Roberts Court
The U.S. Supreme Court case Jean Marc Nken v. Eric H. Holder, Jr., Attorney General (2008) revolved around the issue of whether a stay of removal during judicial review should be governed by traditional standards for stays and injunctions or if it required proof that removal is prohibited as a matter of law. Jean Marc Nken, an immigrant from Cameroon who had been denied asylum in the United States and ordered to leave, appealed his deportation order while also requesting a stay on his removal...Open Case
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Chief Roberts Court
Term: 2008
Docket: 08-681
556 U.S. 418
129 S. Ct. 1749
173 L. Ed. 2d 550
2009 U.S. LEXIS 3121
Argued: Jan 21, 2009

Jean Marc Nken v. Eric H. Holder, Jr., Attorney General

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Questions presented:
SCOTUS Records

08-681 NKEN V. HOLDER DECISION BELOW: CERT. GRANTED 11/25/2008 QUESTION PRESENTED: 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.” LOWER COURT CASE NUMBER: 08-1813

Opinion Summary
AI Abstract

The U.S. Supreme Court case Jean Marc Nken v. Eric H. Holder, Jr., Attorney General (2008) revolved around the issue of whether a stay of removal during judicial review should be governed by traditional standards for stays and injunctions or if it required proof that removal is prohibited as a matter of law. Jean Marc Nken, an immigrant from Cameroon who had been denied asylum in the United States and ordered to leave, appealed his deportation order while also requesting a stay on his removal pending this appeal's outcome. The Fourth Circuit Court applied its own standard requiring Nken to demonstrate that he was entitled to withhold deportation as per law rather than applying traditional criteria for granting stays which include likelihood of success on merits, irreparable harm without grant etc.. The Supreme Court disagreed with this approach stating that normal rules governing stays must apply including consideration factors like potential harm to parties involved and public interest considerations. In conclusion, the court ruled in favor of Mr.Nken holding that traditional standards for issuing a stay govern requests made during judicial review under Immigration and Nationality Act §242(b)(3), 8 U.S.C.A.§1252(b)(3). This decision clarified legal principles applicable when immigrants seek temporary relief from enforcement orders while their cases are being reviewed.

Dissent Summary
AI Abstract

In the dissenting opinion for Jean Marc Nken v. Eric H. Holder, Jr., Attorney General, 2008 case, Justice Samuel Alito argued that the majority's decision to apply a traditional four-factor test in determining whether to grant a stay of removal pending judicial review was incorrect and inconsistent with federal immigration law. He contended that Congress had specifically intended for stricter standards to be applied in such cases when it passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996. According to him, this act made clear that deportation should not generally be delayed while legal challenges are ongoing unless there is a high likelihood of success on those claims or exceptional circumstances exist which justify delay. The majority's approach would make stays more readily available than what Congress intended under IIRIRA.

Opinion written by Justice JGRoberts
Decided: Apr 22, 2009
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Oral Transcript
Argued: Oct 05, 2026
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