115 F.3d 643 (9th Cir. 1997), 97-70127, De Leon v. I.N.S.

Docket Nº:97-70127.
Citation:115 F.3d 643
Party Name:D.A.R. 6558 Mercedes DE LEON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Case Date:May 22, 1997
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 643

115 F.3d 643 (9th Cir. 1997)

D.A.R. 6558

Mercedes DE LEON, Petitioner,



No. 97-70127.

United States Court of Appeals, Ninth Circuit.

May 22, 1997

Page 644

Enrique Arevalo, Victor D. Nieblas P., South Pasadena, CA, for petitioner.

Allen W. Hausman, Office of Immigration Litigation, Department of Justice, Washington, DC, for respondent.

Petition for Review of a Decision of the Board of Immigration Appeals Submitted to the Motions Panel May 20, 1997.

Before: FLETCHER, REINHARDT and FERNANDEZ, Circuit Judges.

Petitioner Mercedes De Leon 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 applications for asylum and withholding of deportation under sections 208(a) and 243(h) of the Immigration and Nationality Act ("INA"), 8 U.S.C. §§ 1158(a) & 1253(h), and suspension of deportation under section 244(a) of the INA, 8 U.S.C. § 1254(a).

Prior to the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), Pub.L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996), in most cases the filing of a petition for review automatically stayed the petitioner's deportation pending review. See 8 U.S.C. § 1105a(a)(3), repealed by IIRIRA § 306(b). IIRIRA eliminated the automatic stay. See IIRIRA § 309(c)(4)(F). Now, "service of the petition for review shall not stay the deportation of an alien pending the court's decision on the petition, unless the court orders otherwise." Id.

The court has been inundated with motions for stay of deportation since the enactment of IIRIRA. To enable this court to process the large number of stay requests, and to eliminate the risk that petitioners will be deported before their stay requests are decided, we adopt the following procedures which shall apply unless and until the court adopts different rules or procedures:

1. The filing of a motion for...

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