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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

Docket for 08-681
No. 08-681
Title:
Jean Marc Nken, Petitioner
v.
Mark Filip, Acting Attorney General
Docketed:November 25, 2008
Lower Ct:United States Court of Appeals for the Fourth Circuit
  Case Nos.:(08-1813)
  Decision Date:November 5, 2008
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Nov 7 2008 Application (08A413) for stay pending appeal, submitted to The Chief Justice.
Nov 10 2008 Response to application (08A413) requested by The Chief Justice, due November 17, 2008, by 4 p.m.
Nov 17 2008 Response to application from respondent Michael B. Mukasey filed.
Nov 18 2008 Reply of applicant Jean Marc Nken filed.
Nov 24 2008 DISTRIBUTED for Conference of November 25, 2008.
Nov 24 2008 Application (08A413) referred to the Court by The Chief Justice.
Nov 25 2008 Petition for a writ of certiorari filed.
Nov 25 2008 The application for stay presented to The Chief Justice and referred to the Court is granted, and it is ordered that the removal of petitioner is hereby stayed pending further order of the Court. In addition, the application for stay is treated as a petition for a writ of certiorari, and the petition for a writ of certiorari is granted limited to the following question: "Whether the decision of a court of appeals to stay an alien's removal pending consideration of the alien's petition for review is governed by the standard set forth in section 242(f)(2) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1252(f)(2), or instead by the traditional test for stays and preliminary injunctive relief." The brief of the petitioner is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m. Friday, December 19, 2008. The brief of the respondent is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m. Wednesday, January 7, 2009. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m. Wednesday, January 14, 2009.
Nov 26 2008 SET FOR ARGUMENT ON Wednesday, January 21, 2009.
Dec 5 2008 Record received from the U.S.C.A. fror the 4th Circuit. (1 envelope and 1 CD)
Dec 19 2008 Joint appendix filed. Statement of costs received.
Dec 19 2008 Brief of petitioner Jean Marc Nken filed.
Dec 23 2008 Brief amici curiae of American Immigration Lawyers Association, et al. filed.
Dec 29 2008 Brief amici curiae of Law Professors filed.
Dec 31 2008 CIRCULATED.
Jan 7 2009 Brief of respondent Michael B. Mukasey, Attorney General filed. (Distributed)
Jan 8 2009 Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Jan 14 2009 Reply of petitioner Jean Marc Nken filed. (Distributed)
Jan 21 2009 Argued. For petitioner: Lindsay C. Harrison, Washington, D.C. For respondent: Edwin S. Kneedler, Acting Solicitor General, Department of Justice, Washington, D.C.




~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Lindsay C. Harrison Jenner & Block LLP(202)-639-6865
    Counsel of Record1099 New York Avenue, NW Suite 900
Washington, DC  20001
lharrison@jenner.com
Party name: Jean Marc Nken
 
Donald B. Verrilli Jr. Jenner & Block LLP(202) 639-6000
1099 New York Avenue, N.W.
Suite 900
Washington, DC  20001
dverrilli@jenner.com
Party name: Jean Marc Nken
Attorneys for Respondent:
Edwin S. Kneedler Acting Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
Party name: Mark Filip, Acting Attorney General
Other:
Richard A. Samp Washington Legal Foundation(202) 588-0302
2009 Massachusetts Ave., NW
Washington, DC  20036
Party name: Washington Legal Foundation
 
Cecillia D. Wang American Civil Liberties Union Foundation(415)-343-0775
39 Drumm Street
San Francisco, CA  94111
Party name: Law Professors
 
Paul R.Q. Wolfson Wilmer Cutler Pickering Hale and Dorr LLP(202) 663-6000
1875 Pennsylvania Avenue, N.W.
Washington, DC  20006
Party name: American Immigration Lawyers Association, et al.



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