Nken v. Holder
Headline: Traditional stay factors, not a stricter statutory injunction rule, govern requests to pause deportations pending judicial review, making courts more likely to weigh harm and likelihood of success before allowing removal.
Holding: The Court held that appellate courts must apply the traditional four-factor stay test—not the demanding statutory injunction rule in §1252(f)(2)—when deciding whether to pause an alien’s removal during judicial review.
- Makes it easier for courts to pause deportations while appeals proceed.
- Requires judges to weigh likelihood of success and irreparable harm.
- Shifts stay decisions back to traditional judicial discretion rather than a high statutory bar.
Summary
Background
Jean Marc Nken, a citizen of Cameroon, applied for asylum and other protections in the United States. An immigration judge denied relief, the Board of Immigration Appeals affirmed, and later denied a motion to reopen. Nken asked the Fourth Circuit to pause his removal while he sought further review, but the circuit denied the stay. He asked the Supreme Court to resolve a split among appeals courts about the correct legal test for such stays.
Reasoning
The Court framed the main question in simple terms: should appeals courts use the long-standing four-factor stay test or the tougher statutory injunction rule in §1252(f)(2)? The majority said stays are part of a court’s traditional power to preserve the status quo while an appeal is decided. It explained that a stay suspends the effect of an order while a true injunction directs conduct. The Court also relied on the statute’s language and structure, noting Congress used the word “stay” elsewhere and did not clearly replace the traditional test. The Court held that judges should apply the four-factor test, emphasizing that the first two factors—likelihood of success and irreparable harm—are most important and that removal alone is not automatically irreparable.
Real world impact
Moving forward, immigrants facing removal can ask courts to pause deportation using the traditional stay test, which requires courts to balance likelihood of success, irreparable harm, harms to others, and the public interest. The ruling vacated the Fourth Circuit’s decision and sent the case back for reconsideration under the traditional factors. The decision is procedural and does not decide the underlying immigration claims.
Dissents or concurrances
Justice Kennedy joined the majority but stressed stays remain extraordinary. Justice Alito (joined by Justice Thomas) dissented, arguing the statutory injunction standard in §1252(f)(2) should control and that Congress intended to restrict judicial stays.
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