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Abbassi v. INS

United States Court of Appeals, Ninth Circuit
May 1, 1998
143 F.3d 513 (9th Cir. 1998)

Summary

In Abbassi v. INS, 143 F.3d 513 (9th Cir. 1998), we decided to apply "the same standards employed by district courts in evaluating motions for preliminary injunctive relief to those stay requests.

Summary of this case from Leiva-Perez v. Holder

Opinion

No. 98-70375

Submitted to Motions Panel April 28, 1998

Filed May 1, 1998

COUNSEL

David L. Ross, Beverly Hills, California, for the petitioner.

Karen Ann Hunold, Office of Immigration Litigation, Department of Justice, Washington, D.C., for the respondent.

Petition for Review of a Decision of the Board of Immigration Appeals.

INS No. A29-829-424.

Before: Melvin Brunetti, Pamela Ann Rymer and Thomas G. Nelson, Circuit Judges.


ORDER

Petitioner Fereshteh Abbassi moves for a stay of deportation pending disposition of her petition for review of the Board of Immigration Appeals' order affirming the denial of her application for asylum and withholding of deportation under sections 208(a) and 243(h) of the Immigration and Nationality Act, 8 U.S.C. § 1158(a), 1253(h). Upon her motion, Abbassi's deportation was stayed temporarily pursuant to De Leon v. INS, 115 F.3d 643 (9th Cir. 1997). The Immigration and Naturalization Service opposes Abbassi's stay request, and we now decide whether she warrants a discretionary stay of deportation during the pendency of this petition for review.

We evaluate stay requests under the same standards employed by district courts in evaluating motions for preliminary injunctive relief. See Lopez v. Heckler, 713 F.2d 1432, 1435 (9th Cir.), rev'd in part on other grounds, 463 U.S. 1328 (1983). Petitioner must show either a probability of success on the merits and the possibility of irreparable injury, or that serious legal questions are raised and the balance of hardships tips sharply in petitioner's favor. See Artukovic v. Rison, 784 F.2d 1354, 1355 (9th Cir. 1986); see also Arthurs v. INS, 959 F.2d 142, 143-44 (9th Cir. 1992). These standards represent the outer extremes of a continuum, with the relative hardships to the parties providing the critical element in determining at what point on the continuum a stay pending review is justified. See Lopez, 713 F.2d at 1435.

Abbassi's stay request, submitted by counsel, states in full: "[p]etitioner respectfully requests a stay of deportation as she has demonstrated a prima facie case for the granting of asylum." Abbassi's perfunctory request for a stay is wholly insufficient to meet the requirements for a stay. See Artukovic, 784 F.2d at 1355. Counsel failed to discuss the merits of Abbassi's petition for review, and identified no potential hardships Abbassi would face if deported prior to disposition of this petition.

Finding no basis upon which to grant the relief requested, we deny Abbassi's request for a stay of deportation without prejudice to renewal accompanied by a showing that a discretionary stay of deportation is warranted. See id.

The briefing schedule will be set by separate order.


Summaries of

Abbassi v. INS

United States Court of Appeals, Ninth Circuit
May 1, 1998
143 F.3d 513 (9th Cir. 1998)

In Abbassi v. INS, 143 F.3d 513 (9th Cir. 1998), we decided to apply "the same standards employed by district courts in evaluating motions for preliminary injunctive relief to those stay requests.

Summary of this case from Leiva-Perez v. Holder

requiring a stay petitioner to show either "a probability of success on the merits" or that "serious legal questions are raised," depending on the strength of the petitioner's showing on the other stay factors

Summary of this case from Leiva-Perez v. Holder

In Abbassi v. INS, 143 F.3d 513 (9th Cir. 1998), the court discusses the standard under which it evaluates an alien's motion for a stay of removal after the temporary stay is granted.

Summary of this case from Mariscal-Sandoval v. Ashcroft

applying "same standards employed by district courts in evaluating motions for preliminary injunctive relief" to merits of motion to stay

Summary of this case from Bin Weng v. U.S. Attorney General

In Abbassi v. INS, 143 F.3d 513, 514 (9th Cir. 1998), we explained that "[w]e evaluate stay requests under the same standards employed by district courts in evaluating motions for preliminary injunctive relief.

Summary of this case from Andreiu v. Ashcroft

applying preliminary injunction standard

Summary of this case from Andreiu v. Reno

requiring the alien to "show either a probability of success on the merits and the possibility of irreparable injury, or that serious legal questions are raised and the balance of hardships tips sharply in petitioner's favor"

Summary of this case from Andreiu v. Reno

noting that in order to be entitled to a stay in the Court of Appeals, a petitioner must show a likelihood of success on the merits and irreparable injury or that serious legal questions are raised and that the balance of hardships tips in Petitioner's favor

Summary of this case from Forero-Arias v. Chertoff
Case details for

Abbassi v. INS

Case Details

Full title:FERESHTEH ABBASSI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 1, 1998

Citations

143 F.3d 513 (9th Cir. 1998)

Citing Cases

Andreiu v. Reno

When reviewing the merits of a discretionary stay request, we required the petitioner to "show either a…

Leiva-Perez v. Holder

Congress did not specify the standard that courts should apply in evaluating an alien's request to stay his…