McNary v. Haitian Centers Council, Inc.

Background

The Government asked the Court to pause two lower-court orders from the Second Circuit and the Eastern District of New York that would have returned certain people under a federal immigration law. The lower courts’ rulings were issued July 29, 1992. The people affected face the prospect of being forcibly returned and, according to the lower court, may face persecution, terror, or even death if returned.

Reasoning

Justice Thomas referred the stay application to the full Court, which granted a temporary stay. The Court’s order pauses the Second Circuit and district court judgments while the Government has until August 24, 1992 to file a petition asking the Supreme Court to review the case. If the Government files the petition, the stay remains in effect while the Court decides; if the petition is denied the stay ends automatically; if the petition is granted, the stay continues until the Court sends down its judgment. Justice Blackmun, joined by Justice Stevens, dissented and argued the Government had not shown a strong chance of winning on the underlying legal question about whether a federal statute applies in international waters.

Real world impact

The order prevents immediate returns tied to these specific lower-court decisions and gives the Government a short window to seek Supreme Court review. The stay is temporary and depends entirely on whether the Government files a petition and how the Court later rules, so the underlying dispute about who wins on the law is not finally decided here.

Dissents or concurrances

Justice Blackmun’s dissent emphasized that the equities favor the people facing return, highlighted a 4–4 split among lower judges over the statute’s reach in international waters, and would have denied the stay.