Monday, January 19, 2009

Third Circuit Criticizes Government For Deporting Someone With A Stay Request Pending

In Salazar Quincero v. Mukasey (3d Cir. Dec. 17, 2008) (not precedential), the Third Circuit criticized the government and OIL, represented by Jeffrey L. Menkin and Ari Nazarov, for not informing the Third Circuit that ICE within DHS was about to deport someone who had a stay request pending with the Third Circuit. It was the fault of the government that ICE and OIL did not communicate. OIL must keep track of potential deportations so that OIL can warn the Third Circuit that it must act quickly if it wants to rule on the stay request before someone is deported.

The Third Circuit said it is troubled by the oversight in this case and trusts and expects DHS to be more vigilant in the future.

The failure of DHS and ICE to keep OIL informed -- and for OIL not to make sure it would be informed -- gives more reason why there should be automatic stays of removal while circuit court appeals are pending. It is not clear whether DHS, ICE, or OIL received any sanction other than a footnote in which the Third Circuit expressed that it was troubled.


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