The Fourth Circuit denied a motion for a stay of removal based on the government's representation that it has no current plans for removal. The denial is without prejudice to the petitioner's ability to file a new motion if the government's plans change.
Background
The petitioner filed a motion for a stay of removal. The government represented that it has no current plans for removal.
The court’s reasoning
The court denied the motion based on the government’s representation that it has no current plans for removal. The court noted that this denial is without prejudice to the petitioner’s ability to file a new motion if the government’s plans change.
The dissent
While I understand Judge Wilkinson’s and Judge Heyten’s votes to DENY the motion based on the Government’s representation that it has no current plans to remove the petitioner, I would GRANT the stay for substantially the same reason.
Wynn
What it means going forward
The stay of removal is denied, but the petitioner retains the right to file a new motion if the government’s position changes.
