Nken v. Holder
Issue: Whether the decision of a court of appeals to stay an alienâ€™s removal pending consideration of the alienâ€™s petition for review is governed by the standard set forth in 8 U.S.C. 1252(f)(2) or instead by the traditional test for stays and preliminary injunctive relief.
Judgment: Vacated and remanded, 7-2, in an opinion by Chief Justice John Roberts on April 22, 2009.
Briefs and Documents